Legal Question in Family Law in Washington
Child Support
My fiancee was divorced in WA and pays child support through WA. His ex-wife lives with their son in CA. He lives with me in VA. He was in the military and has been separated for several months; he no longer makes the same income. We now have a child together. Can he submit a change of circumstance to determine if his child support will decrease? Does my income affect how much she gets a month? When we have custody of their son, why do we still pay child support?
1 Answer from Attorneys
Re: Child Support
Your post suggests you now have custody of his son. If this is the case, your fiancee should have no child support obligation to his ex, but he would need to petition the WV court for termination of child support.
If, as the second sentence of your post suggests, his ex has custody of his son, he would still be obligated to pay child support. The fact that he has another child to support (yours) can be a reason to modify child support, as can his reduction in income (unless it is a voluntary reduction.)
Your income is not relevant to his child support obligations to his ex.
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