Child Support question ( Los Angeles CA )

[dean44]

Los Angeles, CA

Hello
I have a court order for Child support for $381 a month. When the court order was issued in 2000 I was on State disability for a work related injury in which it was determined that I needed to be retrained for another profession. I attended school for 14 month while still on disability and was getting $800 a month. Durning this time I was unable to paid for my court ordered child suport and fell behind $3000. I recently paid this off, 5 months ago and it was at a zero balance. I then got laided off from my job and was out of work for like a month. I obtained employment and reported it to my employer. Since then I fell behind $1200. I started paying it and told my employer to pay an extra $150 per month towards the past due amount.
which brings me to my question. I am married and make a little more money since the court order was issued. The mother of my child works and leaves with a boyfriend work makes more money then me and they have been living together for the past 4-5 years. They have a small child together and bought a home and cars together BUT ARE NOT MARRIED. If I ask the court to look at things will HIS ( my ex's boyfriends ) income be a factor in the child support like my wife's is ?

 

[Ohiogal]

This child is NOT HIS! The child is yours. His income doesn't matter.

 

[THE PRACTICE-26]

Los Angeles, CA

Hello
I have a court order for Child support for $381 a month. When the court order was issued in 2000 I was on State disability for a work related injury in which it was determined that I needed to be retrained for another profession. I attended school for 14 month while still on disability and was getting $800 a month. Durning this time I was unable to paid for my court ordered child suport and fell behind $3000. I recently paid this off, 5 months ago and it was at a zero balance. I then got laided off from my job and was out of work for like a month. I obtained employment and reported it to my employer. Since then I fell behind $1200. I started paying it and told my employer to pay an extra $150 per month towards the past due amount.
which brings me to my question. I am married and make a little more money since the court order was issued. The mother of my child works and leaves with a boyfriend work makes more money then me and they have been living together for the past 4-5 years. They have a small child together and bought a home and cars together BUT ARE NOT MARRIED. If I ask the court to look at things will HIS ( my ex's boyfriends ) income be a factor in the child support like my wife's is ?

My response:

Is your car, his car?

Is your computer, his computer?

Is your child, his child?

Do you see where I'm going with this?

IAAL

 

[LdiJ]

Los Angeles, CA

Hello
I have a court order for Child support for $381 a month. When the court order was issued in 2000 I was on State disability for a work related injury in which it was determined that I needed to be retrained for another profession. I attended school for 14 month while still on disability and was getting $800 a month. Durning this time I was unable to paid for my court ordered child suport and fell behind $3000. I recently paid this off, 5 months ago and it was at a zero balance. I then got laided off from my job and was out of work for like a month. I obtained employment and reported it to my employer. Since then I fell behind $1200. I started paying it and told my employer to pay an extra $150 per month towards the past due amount.
which brings me to my question. I am married and make a little more money since the court order was issued. The mother of my child works and leaves with a boyfriend work makes more money then me and they have been living together for the past 4-5 years. They have a small child together and bought a home and cars together BUT ARE NOT MARRIED. If I ask the court to look at things will HIS ( my ex's boyfriends ) income be a factor in the child support like my wife's is ?

If you make more money now than you did when the order was written, it would probably be wiser not to rock the boat.

 

[eme76]

Los Angeles, CA

Hello
I have a court order for Child support for $381 a month. When the court order was issued in 2000 I was on State disability for a work related injury in which it was determined that I needed to be retrained for another profession. I attended school for 14 month while still on disability and was getting $800 a month. Durning this time I was unable to paid for my court ordered child suport and fell behind $3000. I recently paid this off, 5 months ago and it was at a zero balance. I then got laided off from my job and was out of work for like a month. I obtained employment and reported it to my employer. Since then I fell behind $1200. I started paying it and told my employer to pay an extra $150 per month towards the past due amount.
which brings me to my question. I am married and make a little more money since the court order was issued. The mother of my child works and leaves with a boyfriend work makes more money then me and they have been living together for the past 4-5 years. They have a small child together and bought a home and cars together BUT ARE NOT MARRIED. If I ask the court to look at things will HIS ( my ex's boyfriends ) income be a factor in the child support like my wife's is ?

this part is just standing out somehow
your wife's income has nothing to do with your child support payments

 

[shell007]

[/U][/B]

this part is just standing out somehow
your wife's income has nothing to do with your child support payments

Are you talking about how the OP is a male and talks about his "boyfriend"????

 

[eme76]

Are you talking about how the OP is a male and talks about his "boyfriend"????

no i am talking about OP saying his wife's income is used to figure c/s....if he has it modified under the current guidelines only the income of the mother and father of the child will be used

op said his "ex's boyfriend" not his boyfriend

 

[dean44]

sorry

I am just worried about my income and my wife's income being attached when the review happens....and beings my daughters mom is living with her boyfriend ( been living together for 5 years ) and have a home and cars together if his income would be a factor also

but from what I am reading is that just my income and the MOTHERS income are the deciding factors....

 

[ceara19]

sorry

I am just worried about my income and my wife's income being attached when the review happens....and beings my daughters mom is living with her boyfriend ( been living together for 5 years ) and have a home and cars together if his income would be a factor also

but from what I am reading is that just my income and the MOTHERS income are the deciding factors....

They aren't going to attach your wife's income for CS. If you get behind again, they can put a lien on any joint assets you hold with your wife though. You and your wife have the CHOICE of using her income and/or assets to pay the CS if you became unemployed again. You aren't REQUIRED to, but if you can afford to, it would keep you from going into arrears again.

As far as figuring the support, it's based only on the parents income.

 

[LdiJ]

They aren't going to attach your wife's income for CS. If you get behind again, they can put a lien on any joint assets you hold with your wife though. You and your wife have the CHOICE of using her income and/or assets to pay the CS if you became unemployed again. You aren't REQUIRED to, but if you can afford to, it would keep you from going into arrears again.

As far as figuring the support, it's based only on the parents income.

CA does factor some limited expenses into the CS calculation, which requires looking at a spouse's or significant other's income to determine their share of the expenses.

For example, if property taxes are one of the expenses (I don't know if they are...this is just an example) then they would look at the spouse's income to determine what the spouse's share of the property taxes are...and then reduce the expense in the CS calculation by that much.

So it is possible that both his wife's and the boyfriend's income could factor in, in a very limited way.

 

[ceara19]

CA does factor some limited expenses into the CS calculation, which requires looking at a spouse's or significant other's income to determine their share of the expenses.

For example, if property taxes are one of the expenses (I don't know if they are...this is just an example) then they would look at the spouse's income to determine what the spouse's share of the property taxes are...and then reduce the expense in the CS calculation by that much.

So it is possible that both his wife's and the boyfriend's income could factor in, in a very limited way.

Yes the spouse's income can be used when determining household expenses, but it is not included into the total income used to figure the actual amount of child support. Nor is the spoused income eligible for cs garnishment.

 

[blueboy]

I have an order in ca too. My wifes income did lower my support order but only by a small fraction. (If you're married and file jointly your taxes go up therefore your total income goes down.) Don't count on her b/f's income helping you because they probably won't use it in the disso. If she has had a child with him since you were in court last that will help her, it will be a hardship deduction for her.