QUESTION
Can I receive more in child-support, if his salary as increased since time of divorce?
Asked on Mar 20th, 2013 on Divorce - California
More details to this question:
3 years ago, husband asked for divorce after admitting infidelity. Got divorce. Had to sell family home; couldn’t afford to keep me, stay at home mom since 2002, and children in it. Living on child support and alimony in an exorbitantly expensive state, I want to know if I can request a modification to the child-support, if his salary has increased since time of divorce? Also, he is remarried to the mistress, built brand new house....enjoying a double income household....can her salary be included in the recalculation; because what would stop ex-husband from claiming limited salary, while wife makes "all the money", as an example?
4 ANSWERS
John Arthur Smitten
The new spouses income alone is not a basis to increase child support. If he makes more then you can apply for an increase.
Answered on Mar 21st, 2013 at 11:38 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Child support should change based on a change of income. Wife's salary is irrelevant except as to what tax bracket he's in.
Answered on Mar 21st, 2013 at 11:37 AM
Yes you can. Your spouse's child support obligations change as his income changes. You should file an Order to Show Cause for Modification of Child Support immediately and submit it with an Income and Expense Declaration.
Answered on Mar 21st, 2013 at 11:37 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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The answer to you question may depend upon what state you live in. In California, you should be entitled to an increase in child support. New mate income is not considered in California absent special circumstances.
Answered on Mar 21st, 2013 at 11:36 AM