Is my income exposed?

[fdorsey]

My husband is currently paying child support, he will for at least six more years more. He is a commission sales person and his salary fluctuates often. Last year he made good money and the child support increased a lot. This year his sales are more what they use to be and he requested a review. The court asked a lot of question about my income and accounts. I don't have any money now but I will in the next few years. They ordered a decrease in child support and a review in six months.

If his sales continue to go down or stay down and my salary goes up can they take my money to make up for the difference?

Thank you

Ah! we are in califonia

 

[morning_angel]

The court doesn't actually take your money to pay for his children. They are not your responsibility. What they do is consider that if you have income, more of <i>his</i> money if "freed up" to pay child support. That sucks BIG TIME!!

I've heard/understood that if you maintain separate accounts there are ways to keep his income separate from yours for consideration, but I think you would have to confer with an attorney to find out the legality of that, and if it is applicable in your state. If you will be having considerable income in the next few years, it would certainly be worth your while to check into this matter with an attorney.

Here is a site with the California Family code section:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4050-4076

It states:
(d) The Judicial Council may also review and report on other
matters, including, but not limited to, the following:
(1) The treatment of the income of a subsequent spouse or
nonmarital partner.

Good Luck!