<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by
[email protected]:
My husband has two children from his previous marriage. He has always paid his child support directly to his ex-wife, and is current in his payments. Recently, she contacted the Family Support Division to request their assistance in getting a modification of the child support based on the fact that I work and that gives my husband an "extra source of income". I have been requested to supply my income information to the Family Support Division. I do not feel that it is my responsibility to support their children or that I should have to supply the information they are requesting. Am I legally obligated?? Do I have any legal recourse? This is a California Child Support Order. Please Advise!!<HR></BLOCKQUOTE>
My response:
Unless the child is in a "special class" of children - - handicapped, mentally challenged, etc., then no, the Family Code prohibits consideration of a new spouse's income in calculating child support except in certain "extraordinary circumstances" (Ca Fam § 4057.5). However, this statute has been interpreted as barring only direct consideration of new mate income in the child support computation--i.e., courts cannot raise or lower child support because a parent has remarried. [County of Tulare v. Campbell, supra, 50 Cal.App.4th at 854, 57 Cal.Rptr.2d at 906]
When first enacted in 1992, the guideline permitted courts to consider as a factor rebutting the presumptively-correct formula amount of support the income of a parent's new spouse or nonmarital partner (new mate income) to the extent it helped defray the parent's basic living expenses and thus increased the parent's disposable income available for child support. Effective January 1, 1994, new mate income "shall not" be considered in fixing child support except in specified extraordinary circumstances. [Ca Fam Sec.4057.5(a) & (b)]
So, when you talk to them next, you say to them, "Before I divulge any information to you, I demand that you to send me all cites to statutes and case law that allow you, or give you the authority, to consider my wages for child support. If you cannot, or if you refuse, we'll see you and your Department in court in a lawsuit to obtain an injunction against you, your office, and the mother, including damages for harassment, invasion of privacy, court costs, and attorney's fees under Code of Civil Procedure Section 1021.5 (The private Attorney General Statute allowing for 3 times attorney's fees - called "Lodestar"). Don't screw with me."
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited July 19, 2000).]
