Child support & new wife's income

[Carter2]

What is the name of your state?What is the name of your state?What is the name of your state? California

Went to court, judge figured Child Support of $125. I was fine with that, then got letter from X's lawyer saying there was a mistake in my filing status(should of been married filing jointly). Because of this mistake he claims support should go up to $163.

Saw the free advice lawyer at the courthouse and she said yes filing status was missed, but also my new wifes income was missed. Adding in her income (she used the Dissomaster program which the judge uses) actually lowered the obligation to $86.

X's lawyer says this is not the way they do things in San Francisco but will look into San Mateo county laws. Case was in SM county, Redwood City, Ca Superior Court.

Questions:

Does my new wife's income decrease child support due to my(our) increase in taxes ?

Also, is this true that it varies from county to county in CA ?

 

[misslawli]

Quite honestly, your wifes income should have no bearing on YOUR support. Unless you are fully dependant on her. Don't know what else to tell you. Sorry.

 

[LdiJ]

What does one's filing status have to do with it anyway?

CA calculates child support very differently than most of the rest of the country. CA takes into consideration certain taxes and other expenses in the calculation of child support.

 

[LdiJ]

Just outta curiosity, how does that work out compared to other states?

I don't know the nitty gritty details. They use computer software called the "dissomaster". I know that the calculation is complicated, and I have not yet found a free copy of the dissomaster online to check it out. I don't want to know badly enough to pay for it.

 

[ablessin]

Quite honestly, your wifes income should have no bearing on YOUR support. Unless you are fully dependant on her. Don't know what else to tell you. Sorry.

That's right, I don't see how it matters how you file, but her income would have no bearing on your monthly CS payment - it's not her kid, after all!

Have it re-figured, but don't settle for the first opinion, you need someone advocating for you to figure it, too. Don't go with what her lawyer says, because of course, it'll NEVER be enough