Legal Question in Family Law in California
Second Wives Income inclusion in Child Supprt
I am getting ready to marry my fiancee, and he has children from his first marriage. I have been told by some that my income will affect the amount of child suport paid for those children. Yet I know others whose income is not included in their husbands child support payments. Which is true? And how can I ensure that my income will not be included in my future husbands child support payments?
2 Answers from Attorneys
Re: Second Wives Income inclusion in Child Supprt
Your income will not be included for payment of CS by your new spouse!! There must be extra-ordinary circumstances for your income to be included, and to date I have never seen this happen, although I have seen many try!!
Re: Second Wives Income inclusion in Child Supprt
You may not believe this but your income will probably reduce the amount of child support that your new husband pays. That is because he is placed in a higher tax bracket (its called the "marriage penalty") Your income is used only to calculate the amount of taxes that your new husband will pay on his income. Generally, the amount of change is nominal, be the result is more often than not the opposite of what people expect. I don't think the effect is anything to lose sleep over. Good Luck, Pat McCrary
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