New BABY on the way...

[Shelby Lynn]

My fiance and I are expecting a baby in 8mo. Right now he pays 20% of his income to his 1st child w/ no problem. In Texas, if we have a baby, his former CS will be 17% of his income. My question is, after my schooling, I should make twice as much as him. When I return to school after summer vacation, I will be a full-time student w/ a part time job. When the baby is born, I will NOT work for the baby's first year. THe EX wife is already wanting to get her CS increased again. She says with MY mew income, she shoudl get more. We may ask for a Hardship Deduction. But my question is, will the judge "Make" me work. Can he "Force" me to quit school and work full time so the EX wife can get more money.

 

[stepmommy26]

When calculating child support, YOUR income is not not considered, only the parents of the child(ren). I hope this is helpful.

 

[Shelby Lynn]

reply

The reason for asking was because now that we are living together, his expenses are "suppose" to go down. Which means, we "should" have more money for CS. Does the judge assume that I can afford HALf our expenses? I can't while I'm in school.

 

[stepmommy26]

To determine the amount of child support, the judge calculates your fiance's income and the mothers to equal the amount of child support that he has to pay.

If the judge sees your fiance's tax papers indicating both incomes, the judge will assume it's his, therefore raising the amount leaving you to supplement his income.

To avoid this keep everything separate checking, savings and when your filing your taxes. That way when the ex goes for an increase the judge will only use his income to factor the support.

 

[Shelby Lynn]

I feel a lot better. But can my fiance still claim me on his taxes. He has NOT, I was just curious.

 

[LegalBeagle]

I feel a lot better. But can my fiance still claim me on his taxes. He has NOT, I was just curious.

Yes.. and in the calculations all he has to do is show his W2 so as to determind his income over yours. It is a very common thing.. one of the parents gets married and the other wants to include their income.. Amazes me there are so many stupid people around..

 

[Shelby Lynn]

Thanks for the quick response.

The reason for my concern was because I've read some replies on other bulletins where the Non Custodian Parent remarries, and then the EX goes for an Increase in CS. The judge recognizes that the NCP has more income and considers the new wife responsible for somewhat half of the expenses. That leaves more reason for an increase for the EX. I don't want this to happen, b/c I won't make much while in school. Is this common in some cases?