Legal Question in Family Law in California

My sons mother just got married a few years ago and has two kids with him. They have been living together for the past 7-8 years and has never reported to child support of another income in the home, if she would have reported wouldn’t that lesson child support for me which they also increased awhile back because yes my pay went up but they filed hardship on her behalf


Asked on 1/30/20, 6:20 pm

1 Answer from Attorneys

No, I'm afraid not. First off, they are under no obligation to report anything. You, once you know of a change in circumstances, are obligated to seek a modification if you think one is warranted. Second, new spouse income is not included in child support calculations other than to adjust for the changes in taxes and withholding, possible changes in employer health insurance deductions, and other indirect impacts of the new spouse on the net income of the parent. Help with expenses, while a real boon to the parent, don't matter, because basically only the two biological parents' income and deductions, not expenses, are used in the child support calculations. So the marriage is unlikely to have much if any impact on the numbers unless it had a major impact on her income taxes or other payroll deductions.

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Answered on 1/30/20, 7:10 pm


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