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Child support

My ex and I are going back to court for a child support modification. I am about to get married, will my knew husband's income count when determining child support? I am a full time student so I don't have my own income, which is why I was wondering, If my ex got married, would his wife's income count when determining child support?

 
JLS2388

Asked by JLS2388 at 7:32 PM on Jan. 8, 2011 in Money & Work

Level 25 (25,280 Credits)
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Answers (6)
  • Technically, no but realistically, yes. Judges have guidelines they go by, but they can pretty much do what they want. If you don't have any income, a lot of times they will count a portion of your husband's income as "yours" OR what they did in my case is my ex's attorney looked at the $$ I was making before I got remarried and became a SAHM again and argued that's what I could make so my income should be counted as that. They did reduce my ex's obligation after I got married, but he had also gotten a paycut so it could have been a combination of factors.
    missanc

    Answer by missanc at 7:39 PM on Jan. 8, 2011

  • Yes, it can. It depends on where you live, and sometimes even the judge, but if they count one new spouses income, they have to count the other new spouses income.

    My ex's girlfriend refused to marry him for years because she was afraid I would try to get her money, but in 16 years I never once asked for more money even when he got raises, so it didn't hurt me anyway.
    ohwrite

    Answer by ohwrite at 7:36 PM on Jan. 8, 2011

  • If your dh is supporting you then YES it they will prob. count his income to some degree b/c he is how you are supporting yourself... and look at your wages b/f you went to being a full time student.
    In terms of looking at spouses income... it varies by state but in general no, they do bio-parents income (but that also includes income potential)
    MamiJaAyla

    Answer by MamiJaAyla at 8:58 PM on Jan. 8, 2011

  • Thanks everyone. I hope our judge doesn't count my fiance's income, because that is not really fair (but we all know the family court system has nothing to do with what is fair) However, we may get a court date before we are married, that would be great
    JLS2388

    Comment by JLS2388 (original poster) at 9:22 PM on Jan. 8, 2011

  • I think it depends. If you file as married joint as an injured spouse, your return shouldn't be taken away for his child support (or vice versa). Filing your taxes this way takes longer (11-14 weeks longer), but your return may be larger. I'd also talk to whoever prepares your taxes.
    _Tam_

    Answer by _Tam_ at 1:08 AM on Jan. 9, 2011

  • In PA they do not.
    Candi1024

    Answer by Candi1024 at 7:12 PM on Jan. 9, 2011

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