got married, support change

[slylyd]

What is the name of your state? Ohio

I recently got married, and my son's biological father (who has never seen him) has always lived up to our original support order. He is now requesting that since I'm now married, that we have our re-evaluation. which is fine, I do want what's fair. Here's my questions though.

Does my husbands financials effect the child support?

I'm not sure how exactly to put this where it makes sense. He's been perfectly legal about his taxes, but my husband hasn't had any income in the last 3 years. He was living off of family businesses that were sold. And no longer has savings or anything with monies in it. He is now starting a business of his own. My income is significantly less than originally because I only work part time. So when we go in there, we will have WAY less money to show then when I went myself the first time.

Will he end up paying more?

I appreciate any knowledge on this

 

[Phnx02]

What is the name of your state? Ohio

I recently got married, and my son's biological father (who has never seen him) has always lived up to our original support order. He is now requesting that since I'm now married, that we have our re-evaluation. which is fine, I do want what's fair. Here's my questions though.

Does my husbands financials effect the child support?

I'm not sure how exactly to put this where it makes sense. He's been perfectly legal about his taxes, but my husband hasn't had any income in the last 3 years. He was living off of family businesses that were sold. And no longer has savings or anything with monies in it. He is now starting a business of his own. My income is significantly less than originally because I only work part time. So when we go in there, we will have WAY less money to show then when I went myself the first time.

Will he end up paying more?

I appreciate any knowledge on this

Acquiring a new spouse does not have any impact on how much more or less your ex pays in CS, unless the new spouse adopts your child as his own. If your ex doesn't terminate his parental rights due to an adoption, he is still required to pay CS based on his net monthly income. If you go to court for a modification, the courts may still ask for a breakdown of you and your new husband's income and expenses, but generally, your husband's income will NOT be considered since he is not the biological or adoptive parent. Don't let your ex intimidate you on this simply because you are remarried.....he will still be required to pay a certain amount based on his income - whether or not you remarried.

 

[gphjr]

The first part of your question, No you new husbands income should not be involved in the amount of child support paid bi BIO Dad.

I didn't understand part two.

 

[stealth2]

Unless your making less money is involuntary (i.e. you got laid off), the fact that you're making less may not impress the judge at all. He can impute to you the same level of income that you were making when you worked FT.

 

[LdiJ]

What is the name of your state? Ohio

I recently got married, and my son's biological father (who has never seen him) has always lived up to our original support order. He is now requesting that since I'm now married, that we have our re-evaluation. which is fine, I do want what's fair. Here's my questions though.

Does my husbands financials effect the child support?

I'm not sure how exactly to put this where it makes sense. He's been perfectly legal about his taxes, but my husband hasn't had any income in the last 3 years. He was living off of family businesses that were sold. And no longer has savings or anything with monies in it. He is now starting a business of his own. My income is significantly less than originally because I only work part time. So when we go in there, we will have WAY less money to show then when I went myself the first time.

Will he end up paying more?

I appreciate any knowledge on this

Your husband's income is irrelevant for CS purposes.

As Stealth told you your income going down may not be considered by the judge.

However, depending on how long ago your original order was written, the dad may be in for a world of hurt. Most people's income increases over time. If his has, then even if the judge imputes your income at the same level as it was in the past, his child support WILL go up.

I have seen other non-custodial parents make the same mistake. They assume that something (like you getting married) can give them a child support break when it doesn't...they file for a modification, and then end up paying MORE.

 

[nextwife]

"However, depending on how long ago your original order was written, the dad may be in for a world of hurt. Most people's income increases over time. If his has, then even if the judge imputes your income at the same level as it was in the past, his child support WILL go up."

Maybe where you live. I actually know a number of people here who have had flat or lower incomes the past three years. WE have a friend who is in apparel production. He made 60,000 plus perks many years ago (try 20), Today he considers himself lucky to make 50,000 and to even have a job as most apparel manufacturing shops are closed.

In my industry, in this market, prices for our service are practically given away now, so commissions are half what they used to be - even with a higher volume.

 

[haiku]

"However, depending on how long ago your original order was written, the dad may be in for a world of hurt. Most people's income increases over time. If his has, then even if the judge imputes your income at the same level as it was in the past, his child support WILL go up."

Maybe where you live. I actually know a number of people here who have had flat or lower incomes the past three years. WE have a friend who is in apparel production. He made 60,000 plus perks many years ago (try 20), Today he considers himself lucky to make 50,000 and to even have a job as most apparel manufacturing shops are closed.

In my industry, in this market, prices for our service are practically given away now, so commissions are half what they used to be - even with a higher volume.

Yep, just about everyone in my industry at all levels have downsized, or been swallowed up by the big guys. in our case the ex is really lucky, she has yet to think of going for an increase, because boy, would she be screwed......

Bottom line is, no matter what side you are on, those handy dandy online calculators should be utilized before you think about whether or not you can get more or less.......