Legal Question in Family Law in California
I am remarried after divorce with 2 children from current marriage my ex husband has full custody of our child he is pursuing child support with my new husbands income in California. How can I stop this?
1 Answer from Attorneys
On one level you have no right to stop it, on the other you don't have to "stop" it. Your new husband's income is required to be included in the calculation of child support. So on that level you can't stop it. On the other hand, if the Dissomaster computer program is used properly, your husband's income will only affect how estimated taxes are calculated on YOUR income. Only your income is used to determine how much gross income is available for support to your child with your ex. In addition, if your two new children have not yet been included in your child support calculations, they should be - since they will LOWER your support obligation to your ex. The bottom line is that it sounds like you are past due for an overall reevaluation of the correct child support amount. So you can't stop it. All you can do is make sure the correct numbers are used for filling in the inputs for the computer program. The rest is pretty much automatic.