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New spouses wages a factor in CS

Nothemom's picture
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I'm just wondering if anyone has any experience with this.

My DH and I have 1 child together, his ex is asking for the CS to be changed. I or WE I should say don't have any problem with it being changed. My question is dose my income have to be now known to DH ex due to us having a child together?

step off already's picture

I think it depends on the state. They will look at the spouse's income but I don't beleive it has anything to do with what is actually calculated. The fact that you have another child will also come into play.

There are online calculators - just google your state, child support calculator.

Anon2009's picture

It shouldn't. From what I have learned, SMs income should not be a factor at all. Even if you do have a child together.

I posted a blog on this the other day. I don't think BM is entitled to an increase. I don't know if it should necessarily be decreased either- there's probably more knowledge to this that we don't know about. It depends on what the facts truly are and a good, neutral judge will see those clearly.

I also think she is, or could be shooting herself in the foot here. The judge may look at the situation and decrease the CS she gets. I've seen that happen. She might have been better off just sticking with the current amount she gets.

misSTEP's picture

Sometimes the court will decrease the CS given because they have another child to support.

But only in rare circumstances is a spouse's income taken into consideration when setting CS guidelines. Otherwise, what is to stop you guys from getting HER new man's income considered? (Assuming she can find one, that is)

Mama sewsalot's picture

In California it only factored in if bio parent that was to pay child support didn't have to work because there spouse made so much money.

Rags's picture

Your income will probably have to be provided to BM and the court, depending on what state you live in.

I am StepDad and the moron bottom 10%ers of the legal profession family law judges (2) that we had to deal with required my income to be provided. Though I was repeatedly told by those same judges that I was not a party to the case and state rules clearly stipulated that SParent income could not be considered in setting CS. When I parroted state rules and their own words back at them the judges would get very red in the face. My stance was that either I am a party to the case or I am not but if I am not then neither is my income. Each time the situation came to the point where the judge could not explain to me how I was not a party to the case but my money was then they would become frustrated and threaten me with contempt if I said another word. It is kind of funny to see a judge go ballistic while I sit silently while they tell me to disclose my income after telling me not to say another word. }:) }:) }:) IDIOTS!!!

Of course I ultimately did disclose my income rather than go to jail for contempt but both judges clearly understood that I held them in contempt and was more than happy to lord their proven idiocy over them regardless of how red faced they were. My income was then used to grant the NCP SpermIdiot an income credit of $1000/mo to reduce his income for CS calculation purposes.

According to both moron judges in paraphrase 'The step father makes a significant income and the biological father should not be forced to support an artificially elevated standard of living for the child.' Never mind that my wife is a CPA and makes more than twice what the DipShit makes which should make my income even less relevant. My income should not even be provided to the court much less considered for the benefit of the SpermIdiot. He is the one that went on to spawn 3 more also out of wedlock children by 2 more baby mamas then abandoned his 3 youngest children to SpermGrandMa to raise with no help from him. SpermGrandMa and SPermGrandPa paid every penny of my SS's CS for their DipShit son and paid for his share of visitation travel costs for the 17+ years of the CO. While my former 16 and pregnant/teen mom bride when on to graduate with her HS class with honors, a dual major BS with honors, an MBA with honors and to become a CPA. DipShit did manage to become a voluntarily intermittently employed licensed plumber that refuses to work full time because he thinks it lowers his CS.

The good news in our situation is that the maximum income reduction credit of $1000/Mo only lowered DipShit’s CS by $50/mo.

For some reason in the peoples republic of SpermLand (Oregon) not including SParent income in CS calculation does not actually mean what it says.

Do not get your hopes up that having a joint child with your DH will lower his CS obligation. It will likely have very little effect on CS either one way or the other.

Interestingly when I had ZERO income for a year during the semiconductor industry retraction in the early 2000s we were able to nail the DipShitIot for a notable increase in CS. Regardless of my DW making a boat load more income than DipShit his CS was increased by nearly 700%. DW had not filed for an amendment of CS in 9 years at that point. He was PISSED!!! After he went screaming to court for a review CS ultimately settled out at a 300% increase with more than a year of arrears at the 700% level since he had run from the Constable when the Constable was attempting to serve him with the summons to appear in court for the CS mod. His failure to appear is what allowed us to present evidence of his income and employment that motivated the judge to increase CS by nearly.700% These % figures sound very impressive but when CS starts at $110/mo the actual $s involved are not particularly relevant.

Even if you have ZERO income your DH will still be on the hook for CS and his CS will very likely not go down significantly even if he is the only breadwinner in your family.

Google your states online CS calculator. It will factor in joint children, non joint children and all relevant incomes of all of the parental players that are impacted by CS in your state.

Good luck and have fun with the idiot judge.

IMHO of course.