Legal Question in Family Law in California
I make twice as much money as my fiance who happens to have a daughter from another relationship. When we marry, will I be held financially liable for his daughter? Meaning, will his child support increase given our combined income will increase substantially? If we divorce, will I be held liable to pay child support for her? Currently, the mother of his child has full custody.
1 Answer from Attorneys
Your income will not be counted in the income available for establishing the amount of child support. It is counted, however, in determining his estimated taxes, along with any other changes the marriage makes in his tax rates and deductions, which are all part of the support calculation. Whether that will increase or decrease his support payments, or leave them the same, can only be determined by running the data through the program, but the change should not be earthshaking, if any. You personally will never acquire any personal responsibility for support to the child, unless you were to do a step-parent adoption (which sounds unlikely). Therefore, whether you stay married to him or later divorce, you will never have to pay child support for that child. The only way your assets or earnings could be taken is if he fails to make his payments and they seize joint accounts that have your money in them as well as his. As long as he makes his payments, however, none of your income or assets will involuntarily go to pay his child support.