Child Support Prenuptial

[ghostdawg101]

What is the name of your state?What is the name of your state? ca One, is it true that when I re-marry that my spouses' income is not considered in my child support calculation?

Two if the new income is considered, then may a properly written prenuptial agreement separate the incomes so as not to encumber my future bride?

 

[WyattJ]

What is the name of your state?What is the name of your state? ca One, is it true that when I re-marry that my spouses' income is not considered in my child support calculation?

You are correct there. Just because a parent moves on to someone else doesn't mean the new spouse is responible for the parents child. That new spouse did not create the child with the parents.

When are people going to learn that.

 

[stealth2]

When are people going to learn that.

Perhaps when people learn that the answer is not so cut & dry? Generally, no - a spouses income is not considered wrt child support. However, there are circumstances when it may be taken into account, in a manner. If the NCP quits working (or takes a lower-paying job) and is being supported by his/her new spouse - the CS is not going to be modified, and is going to have to be paid from somewhere (i.e. the spouse) or the NCP can be found in contempt. There are states that will permit a spouse's income to be taken into account in terms of how much additional income of the NCP's is freed for the support of the child.

 

[WyattJ]

Generally, no - a spouses income is not considered wrt child support. However, there are circumstances when it may be taken into account, in a manner. If the NCP quits working (or takes a lower-paying job) and is being supported by his/her new spouse - the CS is not going to be modified, and is going to have to be paid from somewhere (i.e. the spouse) or the NCP can be found in contempt. There are states that will permit a spouse's income to be taken into account in terms of how much additional income of the NCP's is freed for the support of the child.

Understandable. My son's father is getting workmen's comp, he just recently married and if she is making the same amount as he is getting or more then he is, would the courts ever put her income as his?

 

[haiku]

Understandable. My son's father is getting workmen's comp, he just recently married and if she is making the same amount as he is getting or more then he is, would the courts ever put her income as his?

Not likely, an NCP has to be WILLFULLY un, or under employed and "hiding' behind the spouses income.

Someone, who has been hurt on the job, and goes through all the proper legal channels regarding thier support likely would not be affected.

 

[WyattJ]

Not likely, an NCP has to be WILLFULLY un, or under employed and "hiding' behind the spouses income.

Someone, who has been hurt on the job, and goes through all the proper legal channels regarding thier support likely would not be affected.

Thanks for the info.

 

[haiku]

you're welcome