Legal Question in Family Law in California

Child Support and marriage

I am engaged to a man with a baby with another woman. I have been told that if I marry him, she can take us to court and get more money due to the change in ''household'' income. Is this true, can I be forced to pay shild support becuase I am married to a man with a child previous to me?

Thanks


Asked on 4/20/05, 7:00 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Child Support and marriage

"Household" income is not used in the calculation of child support, except as it affects the take home pay of the parent of the child. In other words, when you get married, his income tax status changes from single to married filing jointly. Your income is added to his to determine the tax bracket. That tax bracket is used to calculate his takehome pay. If you are also working, generally that places him in a higher tax bracket and his child support would actually go down. If you are not working, he is placed in a lower tax bracket and his takehome pay goes up and he pays more income tax. Those are generalizations only. Most of the time it works backward from what people expect. In either event it makes a change but generally does not cause a great difference. Good Luck, Pat McCrary

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Answered on 4/21/05, 12:18 pm


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