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Child Support obligation of new spouse

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Benjaline

Junior Member
What is the name of your state? CA

My boyfriend and I are talking about getting married, but we are both worried that if and when we get married the money I make will be taken into consideration, therefore raising his child support amount. He already pays a lot out, and without the help from me, his family and church members, he is unable to live at the most basic level. Should we be worried? Should we not get married until the children are 18?
 


I AM ALWAYS LIABLE

Senior Member
Benjaline said:
What is the name of your state? CA

My boyfriend and I are talking about getting married, but we are both worried that if and when we get married the money I make will be taken into consideration, therefore raising his child support amount. He already pays a lot out, and without the help from me, his family and church members, he is unable to live at the most basic level. Should we be worried? Should we not get married until the children are 18?

My response:

Your income cannot be used, by law, to calculate his child support obligation. However, I'm sure he'll thank you every time you write out a check until those kids are 18.

IAAL
 

Benjaline

Junior Member
I LOVE them and will ALWAYS take care of them with him

Thanks for the piece of knowledge. We were told differently by others who were in the same circumstance. I am not worried about money. We just didn't want my income to increase his support obligation. Paying for other necessities that come up or things the children want within reason, above and beyond child support, is not an issue. I'd like to pay for things for them because I want to, not because the state says I HAVE to. We both currently love to do for them.
 

Phnx02

Member
Benjaline said:
Thanks for the piece of knowledge. We were told differently by others who were in the same circumstance. I am not worried about money. We just didn't want my income to increase his support obligation. Paying for other necessities that come up or things the children want within reason, above and beyond child support, is not an issue. I'd like to pay for things for them because I want to, not because the state says I HAVE to. We both currently love to do for them.
Good for you for sounding like a loving, caring step-mom. Even if you get married, his children are not your children, and your income cannot be used in determining a financial obligation to HIS children.
 

VeronicaGia

Senior Member
Benjaline said:
Thanks for the piece of knowledge. We were told differently by others who were in the same circumstance. I am not worried about money. We just didn't want my income to increase his support obligation. Paying for other necessities that come up or things the children want within reason, above and beyond child support, is not an issue. I'd like to pay for things for them because I want to, not because the state says I HAVE to. We both currently love to do for them.
However, keep in mind that if he gets behind and you have joint accounts or assets, they can be siezed or liens placed on them.

Keep everything separate.
 

FRCarter

Junior Member
I to was engaged to a guy that was paying child support. I was told by a friend working for a lawyer that my income combined with his could be considered in a support moderation increase. I too was going to keep everything seperate. The mother chose to leave the Dad for another man. Therefore, if she can support herself enough to leave for "greener pastures" I was not going to help support her child in her home and in my own home also.
 

Ambr

Senior Member
I AM ALWAYS LIABLE said:
My response:

Your income cannot be used, by law, to calculate his child support obligation. However, I'm sure he'll thank you every time you write out a check until those kids are 18.

IAAL

CA question and IAAL is a CA Lawyer.
 

ablessin

Member
I recently posted a very similar question. Glad to see another woman with the same thoughts as me... I wondered too - if my income in going to "count" and cause his support payment to go up, yet again. It's already that he is paying tons of money, and we buy the kids stuff too... so it's good to read that NO - my income won't "count" when push comes to shove. Because I am sure his EX will try at the very least to get some of my money money !!!

thanks, best of luck to you and yours!
 

jacknjill

Member
ablessin said:
I recently posted a very similar question. Glad to see another woman with the same thoughts as me... I wondered too - if my income in going to "count" and cause his support payment to go up, yet again. It's already that he is paying tons of money, and we buy the kids stuff too... so it's good to read that NO - my income won't "count" when push comes to shove. Because I am sure his EX will try at the very least to get some of my money money !!!

thanks, best of luck to you and yours!
My husband's ex tried that too. She refused to work, I work full time and combined we make $120K....She went to court and told the judge that "I work" and she deserves more money. Judge said "see ya". No increase for her and she had to pay our court costs.....
 

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