Question in CA - spouse's income relevant?

[NITM]

What is the name of your state? CA

I think the answer to my question is "no", but wanted your expert opinions . . .

My husband pays CS for 16 yr old son. Husband and I both work full time, make pretty close to the same annual amount (he a bit more) and split all bills in half (mortgage, utilities, food, insurance, taxes, etc.). Even though there's only two years left of CS for husband, sometimes I worry about the fact that if I were ever laid off, I would not be able to find another job making anything close to the pay I receive at my current job. This is because I have been at my company for so long (believe me, I've researched the matter). Would my dramatic drop in income be considered by the court as a reason to lower husband's CS obligation? I have a feeling you're going to tell me that my income is irrelevant, but it would be impossible for my husband to afford the dramatic increase in his share of the bills that he would have to pay on top of his CS if I were unable to pay the same amounts I currently contribute.

Just wondering . . . Thanks.

Thanks,

 

[jbowman]

Your husbands income is the only income that was considered when CS was calculated. So if you were to lose your job, you are right, he could not get a modification to lower his support. You would both need to adjust your lifestyle to accomodate the loss of income.

Someone on the board, I think it was Silverplum, made a good comparison recently. If you had a mortgage payment due, the finance company would not tell you that you owed less if you lost your job. Think of CS like that.

 

[NITM]

Thanks - that's what I figured. The only reason I thought there might be a loophole is because the court did take my income into consideration when determining his current CS. His support is actually lower than it would be if I wasn't bringing in the income I am or if he was single. They first calculated it at over $900 per month and he almost fell out of his chair, but then when they saw my income, which they missed before, it was lowered to $776 per mo. I don't get how that works. Something about with my income we're in a higher tax bracket(?)

Anyway, that's why I wondered if it would matter if I lost my job . . . then they'd probably raise his CS!

 

[jbowman]

I dont really understand that but you should look at your Dissomaster calculation sheet.

I know that my ex's new wife's income IS on the dissomatster calculation but they didnt use the amount to figure his CS obligation. Weird, I know.

 

[NITM]

Thanks. Oh well, I shouldn't sweat it - only two more years and we can finally live our life free of CS and visitation hassles. The best part is we'll finally be able to tell the malicious, PASing ex to take a long walk off a short pier! We're counting the days.