Legal Question in Family Law in California

I have been receiving the minimum alotted amount of child support for my son who is 16 since he was 10. Which is less than $200 a month. The father is now remarried and has another income coming in. Should I consider going back to court to get more support considering a teenagers needs are greater than when he was 10 or will it be just a waste of my time? I have asked the father first if he would consider before taking any legal action but he is not willing to meet his needs. I am hesitant because I would have to do this without legal representation and I do not want to go forward unless there is a good chance of ruling in my favor.


Asked on 7/25/10, 10:17 pm

1 Answer from Attorneys

The new spouse's income is not counted in calculating child support. You can't make a person support another person's child, even if they marry the person. The only effect the second income has on child support is it may slightly increase or decrease the taxes he pays. It is exremely unlikely it would change enough to be worth going to court. Now if HE has gotten a better job or a raise or whatever since the order was made, and therefore makes more money himself, THEN it would probably be worth it.

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Answered on 7/26/10, 9:42 am


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