Legal Question in Family Law in California
will new wife's income allow ex-wife more child support & alimony in the future
My fiance has been in the worst divorce imaginable, its been 19 months and it is still not final yet because the EX wife-to-be is stalling it on purpose. My questions are #1 Can the ex go to court in the future to get more child support and/or alimony because of me and him both working? ( I am a student right now)
#2 legally can I put in our prenuptial agreement that my income will be a seperate income so that OTHER PARTIES will not be able to count it as Combined Annual Household Income?
Then I file taxes seperate? I need help!!!!!!!! I don't want the money hungry welfare case ex-wife to come up on my hard earned money. I am going to school to be a Paralegal.
please tell me what I can do!
1 Answer from Attorneys
Re: will new wife's income allow ex-wife more child support & alimony in the fu
I don't understand how the ex is stalling the action. Your fiance can file an at-issue memorandum and have the matter set for trial. Child support is based upon three factors: Net income of father, net income of mother and the percentage time share between the parents. When your husband marries you his net income will probably go up because he will have an additional tax deduction and can file a married/joint return, therefore the guideline child support would go up. When you get a job it will probably put him in a higher tax bracket and his net income will go down, and his child support would go down. It is backward from what most people believe would happen. Your fiance should get an attorney who can help bring his case to closure. Good Luck, Pat McCrary
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