Legal Question in Family Law in California

child support

If i marry a guy dat is paying child support already for two kids and i have two kids from my previous relationship and now we have one kid together and his kids mom is also getting married does that change the child support amount that hes paying now? Will it be less?


Asked on 4/24/08, 6:45 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: child support

It could be more or less. If his ex is marrying a man with high income, it could cause her income to be taxed at a higher bracket (giving her less for support). On the other hand, since he has a child with you, he is support three children, instead of two. The court is only concerned with his bio kids.

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Answered on 4/24/08, 7:31 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: child support

The child support would change because the tax status of the parents have changed. Child support is calculated based upon takehome pay. Many times it works the opposite of what you would expect. For example, most times if she were to marry a high earning man, the child support she would recieve would go up because her takehome pay goes down because she is in a higher tax bracket. If he gains three more tax deductions by marrying you, his child support goes up because his takehome pay goes up. You would need to talk to someone who could run a calculation on the computer program to have any good information. Good Luck, Pat McCrary

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Answered on 4/24/08, 8:10 pm


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