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  #1  
Old 01-02-2003, 01:00 PM
mpereira65
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Question

Can EX-wife seek more child support???


What is the name of your state? CA

My boyfriend's alimony to his ex ends in 2 months. He still has 8 years left on child support and has never missed or been late on either payment. They have a 50/50 custody arrangment and the kids live with us 15 days each month. We would like to get married (been together 5 years). I have owned my own home before meeting him and it's only in my name. We make the same $$ income yearly. We don't have any banking or credit accounts together. Everything is separate. The ex's work history has been sporadic. (works when she feels like it, minimum wage) and was required by the courts to maintain employment. He hasn't pushed that issue with the courts cause he doesn't want to keep tension in his children's lives. He pays for all their medical/braces, clothing, schooling, etc. She's supposed to pay half, but again hasn't pushed the issue for the kids sake.

Q: Can the ex ask for more child support money (and possibly get it) if we got married???
  #2  
Old 01-09-2003, 12:50 PM
grandpabri
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In California, child support is based on income and timeshare. Changes in either one could effect the child support award.

Your income can not be considered when figuring the child support award.

So, in answer to your question, your marriage will have no effect on the child support award.
  #3  
Old 01-13-2003, 03:26 AM
toasted
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Actually she could file for modification of support when the alimony ends as this affects her income. Her not maintaining employment would fall under child support, therefore it would not be in her best interest to do a modification. Now a judge may use an amount based on if she worked at minimum wage and if it is to her benefit, she could get it.

I would keep all bills that your boyfriend has paid that she hasn't and seek advice. Document everything. And consider pursuing her in paying for the bills. There is no reason why she should involve the kids in this matter. Since they are nearing high school, she might decide to go back to court to have your boyfriend pay their college tuition. (My ex's first wife did this and got it).

And you are smart to keep the finances seperate. This keeps you protected from any legal entaglement he may get in with her.
  #4  
Old 01-13-2003, 04:14 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[quote]Originally posted by toasted
[b]


Since they are nearing high school, she might decide to go back to court to have your boyfriend pay their college tuition. (My ex's first wife did this and got it).


=====================================

My response:

That's not the law in California - - the State of our writer.

Once a child reaches the age of 18, and has graduated from high school, child support ends. If the child is still a full-time student who has not yet graduated high school by the age of 18, child support continues until the age of 19. That's it.

IAAL
  #5  
Old 01-13-2003, 11:10 AM
mpereira65
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Thanks


Thanks everyone for your response. We are keeping all receipts of all the items he is paying for (just in case she tries to pursue more. An off note that we just found out......She got pregnant by a boyfriend 2 years ago (we knew this part), but just recently found out she's getting welfare under an assumed ID on this child, even though the boyfriend is living in her "government housing" project, supposedly undetected**************.With all this drama, I don't think I'll consider marriage anytime soon**************.
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