Legal Question in Family Law in California
Can I prevent my ex from getting more money?
I have two children of which I have joint legal and joint physical custody of. Our custodial arrangement is 50/50(We rotate weeks.)I will possibly get a promotion which inludes an increase in pay of approx $14,000.00 per year plus a yearly bonus putting my income at about $64 thou per year. My current wife does not have income and my ex-wife's husband has an income of $50+ thou with hers being about $30thou. With the time-share at 50/50 I'm still paying her child support at $75.00 per week. Is there a way I could avoid having to pay her more money when and if I get this promotion? She is obviously not in need of the money but I know she will take me back to court out of spite.I have 4 children to support including the two mentioned above. My ex only has the two mentioned above and only has to support them 2 weeks out of every month. I can not afford to pay her more money to raise two kids only two weeks out of each month especially considering the difference in the two household incomes. Hers approx. $85 to $90thou. Mine Approx $48 (currently), $64 with promotion (and more children to support.)
1 Answer from Attorneys
Re: Can I prevent my ex
Assuming neither of you have "hardships", such as children living with you from your new relationships (not stepchildren, natural children) support will be around $550.00 per month. Her new mate income will not be considered (except, perhaps, to eliminate her hardship claims, if any). It is doubtful that you can "prevent" this increase.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310