Legal Question in Family Law in Florida
Could his child support be affected by my income
I'll soon be getting married to a man who pays child support on one child. His child support was based on his income alone 3 years ago. Could his ex petition the court for more child support based on my income once we get married? Also, I have 2 dependent children living with us that we'll be supporting and we'll be buying a larger more expensive home so could his current child support be decreased.
2 Answers from Attorneys
Re: Could his child support be affected by my income
Generally the new spouses income is not considered in a child support obligation. Nor is your husband permitted relief simply because he voluntarily assumes new obligations.
Re: Could his child support be affected by my income
The answer to both questions, generally, is "no." Support is based on the income and property of the parents and the needs of the child. The income of the spouses of the parents may be considered in special situations, but your situation does not appear to be relevant. Also, the existence of the two dependent children in your home won't affect his obligation to pay support of his children.
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