Legal Question in Family Law in California
Remarriage of Paying Ex-Spouse
My boyfriend's alimony to his ex ends in 2 months. He still has 8 years left on child support and has never missed or been late on either payment. They have a 50/50 custody arrangment and the kids live with us 15 days each month. We would like to get married (been together 5 years). I have owned my own home before meeting him and it's only in my name. We make the same $$ income yearly. We don't have any banking or credit accounts together. Everything is separate and we will keep it that way. The ex's work history has been sporadic. (works when she feels like it, minimum wage) and was required by the courts to maintain employment. He hasn't pushed that issue with the courts cause he doesn't want to keep tension in his children's lives. He pays for all their medical/braces, clothing, schooling, etc. She's supposed to pay half, but again hasn't pushed the issue for the kids sake.
Q: I know that she can't request more Alimony when the terms of the Divorce end, but: Can the ex ask for more CHILD SUPPORT money (and possibly get it) if we got married???
2 Answers from Attorneys
Re: Remarriage of Paying Ex-Spouse
The prior response was correct.
In your case, his support might go up because now he would be Married Filing Jointly, but then it would go down bcz of the "marriage penalty". The court will not consider your assets. The court will not consider your income except to the extent that it reduces his net income due to the penalty.
The marriage penalty might be eliminated by the current Congress.
Re: Remarriage of Paying Ex-Spouse
Income and financial status of a spouse, including home ownership, are used in the calculation of child support only to determine the tax status and withholding of the parent. Often marriage decreases a support obligation because of the marriage tax penalty and the marriage increases the tax liability of the paying parent. Good Luck, Pat McCrary
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