QUESTION

Do I have to pay child support?

Asked on Dec 28th, 2015 on Family Law - California
More details to this question:
I'm engaged to a man with kids, we live in the Los Angeles Ca. area. His ex wife lives in Alabama with the 3 kids that are his but she has a total of 5 kids. He also has a child here in Los Angeles Ca. with another woman. Total of 4 kids for him. He is already on the system/child support with the child in Los Angeles paying $300 a mont. With the 3 kids that are his in Alabama they are not in the system they just have an agreement. He pays her $800 a month plus he pays for one of the kids braces and cell phone bill and does extra stuff as well. Sending extra money, Flying out there to see them and them coming down in the summer to stay with him for 2 1/2 months. She also is doing fraud cause she is on the system and getting money from him which is not reported. May I add she pays no rent or mortgage due to the house she is living in is her parents. My question is how do I protect myself? She states she is going to get me for child support when we get married.
Report Abuse

1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
Update Your Profile
It is a little difficult for me to follow your question, i.e. which mother is causing the problems.  In any case, you will not be liable for your husband's child support obligations.  The only way it might impact you is in relation to his tax filing status.  California uses a statutory child support guideline to determine how much child support parents must pay.  This formula includes both income and tax deductions.  So, if his taxes go up because of your marriage and resulting change in tax filing status then his support might go down.  If his taxes go down, his support might go up.  The amount he must pay is based in large part on how much net income is left to him each month. You can further protect yourself by having your income deposited into a separate account so that in the event that she seeks to collect a child support judgment against your husband's accounts your money will be protected.   If she files with the department of child support services your husband should be prepared to turn over documentation reflecting the amounts that he has paid her voluntarily to ensure that any arrears are correctly calculated. Finally, child support isn't taxable income, so your husband can't claim it on his taxes as a deduction and she isn't required to claim it as income either.  However, he can make the case that her free rent should be attributed to her as income, but I would suggest that he consult in person with an attorney to discuss these more complicated aspects of his case.  I hope this helps you! Best of luck.   
Answered on Dec 28th, 2015 at 11:15 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters