Legal Question in Family Law in Pennsylvania
Support Matters
I am married to a man who pays child support. If I have a business in my name, do the courts take my income into consideration for support, or do they only look at what my husband makes? Can his ex-wife fight this?
2 Answers from Attorneys
Re: Support Matters
In calculating income in Support cases in Pennsylvania, the income of a new spouse or significant other is not included in the income of the payor (your husband). Most support cases are determined by reference to the "guidelines" without expenses of the parties causing much, if any variation. In cases where expenses of the parties are at issue, a new spouse's income may be relevant and taken into account to the extent that it reduces the living expenses of the payor.
You may find a discussion of support calculation in Pennsylvania on the divorce faq's section of my web page http://www.ileneyoung.com with a link to the support guidelines (current as of 03/04)
I wish you the best.
Ilene Young, Esquire/ Civil & Family Practice 215-444-0445 Offices in Bucks & Montgomery County
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As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Re: Support Matters
Courts look at the income of both parents, and child support is based on the proportionate share of each parent's income. Your business income would not be considered unless the Court strays from the support guidelines, but that deviation is usually only a small amount. Please contact us with any questions.