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CS question???

tofurkey's picture

Does anyone on here know if you get taken back to court to assess cs ammount, is spousal income used as part of the income equation? I'm in U.S. Also, if there is back cs, can courts go after spousal icome/property as payment?

Rags's picture

Generally, no, Sparent income can not be used in calculating CS.

However, some states do allow consideration of Sparent income when setting CS.

In the case of my SS, my income was considered and utilized to reduce CS for the NCP BioDad.

As the idiot in the black robe said "StepDad makes a significant income and BioDad should not be punished by having to support an artificial standard of living for the child". So, BioDad received a $1000/mo credit to reduce his income for CS calculation purposes. This sounds worse than it really was. The reduction in CS was only $50/mo so it is not like BioDad got a significant reduction in CS due to my income.

I have no knowledge of a Sparents income being used to raise the CS obligation for an NCP.

But, considering that family law in our country is generally populated by the otherwise unemployable bottom 10% of the legal profession.... lube up, bend over and prepare for a rough ride.

Best regards,

JustAnotherSM's picture

^^^ This SM knows her stuff.

My DH was taken to court for CS modification earlier this year and because we filed our taxes jointly we had to provide our tax forms from last year. And to make matters worse, the courts knew that DH was a SAHD and had no income so they were strictly interested in knowing how much money I made! The judge made it very clear that she would use my income to calculate how much she thought DH and I could afford to pay in CS, so DH finally came to an agreement with BM on CS amount because he was afraid of what the judge's calculations would be.

Additionally, I have a great health insurance plan through work. The cost of my family plan does not change when I add another child to the plan. So the courts wrote into the amended CO that I as a stepparent must maintain medical insurance on SS until he is 18. And the worst part about the whole thing? SS could have gotten his medical costs covered at 100% by my plan, but BM refused to take him to any in-network doctors.

Tx mommy of 3's picture

You will hve to look up your state's cs formula but it shouldn't affect the amount of cs. If there is back pay then they will get it from HIM and whatever HE owns. Most likely he'll pay a higher amount each month or they'll take it out of any tax refund he may expect to get.

Orange County Ca's picture

If your income is considered in your state get a divorce and remarry after the kid(s) are grown.

I'm not aware of any state that considers a new spouses income to be relevent. S/he didn't make the kid.

You will know if the paperwork involved includes a form to list your assets and income. Then see paragraph one.

IslandofDreams's picture

They ask for spousal income in Philadelphia Family court, PA. But they don't use it to factor out CS (supposedly). I know, then why ask for it? I ask the same thing. The answer I get is, and I quote, "I need a number to put in the form" It makes no sense.

I have a HUGE problem listing my hubby's income when he is not financially responsible for my sons. Also, there is the disclosure issue. It is none of my EX's business how much my hubby makes. ALso when you file married filing jointly, they will ask for your last tax records.

REALLY IMPORTANT - Never come to CS court with original documents. Always bring copies.

tracylyn0820's picture

My sons BM takes us back to court regularly to get more money. I find it humerous (not really) that my husband and I work our butts off and she stays home with her kids (with her current husband )and collects CS for having the boys (she has with my husband)4 days a month! We are in CA and they did ask for my income but I was told that it was to determine what tax barcket we were in and it would actually lower our payment. I find it annoying that we pay her $670 a month when she has them only 4 days a month. When I had my 2 children I checked to see how much it would go down.....$30 a month. It wasn't even worth filing. It was a rude awakening to see that my children only were worth $15 each in the eyes of the court.