Legal Question in Family Law in California
i am paying child support for my nine year old son ,and now i am newly remarried and have a 1 year old with my current wife. my question is if i try to change the amount of child support i pay on my nine year old do the courts go off of my income alone or will they take my new wifes income into the calculation as well
2 Answers from Attorneys
Child support is based on your income. Your new wife's income will be used only to determine the amount of income taxes paid.
They often take your wife's income in to account as well. However, it is only for the limited purpose of determining your net income (income available for support). If you file joint tax returns with your wife, and her income triggers a higher tax bracket for you, guideline support (the amount you pay your ex) will actually go slightly down. Also, it is important to mention to the court that you have another child. This may lower your child obligation as well.
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