California Domestic Partner & child support...

[mikem1861]

I live in So. California. My ex-wife and I divorced a little over a year ago when I admitted I was gay. I am currently providing her with child support for our two children as she was given primary custody in our divorce. At the time of our divorce, physical custody was split 72%/28%.

Late last year, she remarried and moved out of state with the kids. I have a partner with whom I have registered a domestic partnership. Based on when I now can have the kids during the year (holidays, summer, etc), my actual custody is probably about 15%. Our kids are 11 and 8.

At this time, I am still providing child support based on her income figures before she was remarried. Now that she has a new husband and his income as well, & living in a state w/a much lower cost of living, I would like to go back to court and have the child support modified to reflect that.

My questions:
1. Could she turn around and try to claim my partner’s income as part of mine since we’re registered domestic partners?
2. Would the fact that the job she's working at now pays less than the one she had here in California cause my support to go UP? Or does California law mandate that her pre-divorce income be the deciding factor?

 

[eme76]

ok first things first...her new spouse's income has NO baring whatsoever in figuring cs (neither does your partner's)
secondly if her income has gone down it could increase your cs no matter what she was making before
third ca figures custodial time into their equation on figuring cs and since your time with the children has gone down that would be another reason cs might go up

imo-if you dont want to pay more than you are do not request to have it changed but...if you want to do what is right and good for your kids do have it changed

 

[rmet4nzkx]

Since she makes less her contribution is going down and that could make your Child Support go up.
You have less parenting time, that will also make your child support go up, Neither your partenr nor her husband's income count unless the "hardship factor" is factored in, then your child support could go up even more.
Best bet is to wait until she files for modification.