QUESTION
If I get married to my fiance before he goes to court will he pay less child support?
Asked on Dec 01st, 2011 on Child Custody - Colorado
More details to this question:
I have a 3 year old daughter with my fiance. His ex wife said today that she is taking him back to court for more child support. I am on work comp and we are struggling. If we get married before he goes to court, will he pay less support to her since it will show that he is supporting more people than just himself?
11 ANSWERS
Steven D. Dunnings
No.
Answered on May 31st, 2013 at 12:22 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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His support of other children will not be considered by the court in determining the amount of proper support.
Answered on Dec 12th, 2011 at 9:48 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, that will not effect his child support obligation to his prior child at all, as it existed prior to him having a child with you.
Answered on Dec 05th, 2011 at 4:03 PM
In Arizona, if you have a child in common, this will factor into the child support calculation. His support of you, whether you are married or not, will not.
Answered on Dec 05th, 2011 at 3:58 PM
Diane Marilyn Sternlieb
He could still get a reduction in child support for the child you two have together if the child is residing with him.
Answered on Dec 05th, 2011 at 2:52 PM
You could take him to family court for child support for your child. It is not necessary to marry him to do this. It will be part of court records that he is legally responsible for supporting your child and whatever children he has with the ex-wife.
Answered on Dec 05th, 2011 at 2:27 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, his support is based on her income and his income, not his expenses. He will get a credit for the child he has with you, if that child lives with him or he is paying support.
Answered on Dec 05th, 2011 at 2:20 PM
Based on what you've said below, you would not have to get married in order for him to get credit for him having your common daughter residing in the home with him. He would not get "credit" for supporting you either way.
Answered on Dec 05th, 2011 at 11:36 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, most likely no.
Answered on Dec 05th, 2011 at 10:07 AM
Child support is based upon the income of each parent. Once basic support is computed, the court may deviate from the basic support based upon a number of factors. One factor is the additional child that he has for which he is responsible. When the court is asked to deviate, the income of other adults in the home is to be considered by the court. As an example, if you have income of $150,000 per year, then the court is going to be less likely to reduce basic child support. There is not a significant difference between being married or not married. The statutes provide for consideration of other adults. The court may look at a lot of issues when considering a request to deviate. It is doubtful that the court will look at your marital status as compared to your income.
Answered on Dec 05th, 2011 at 9:53 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The fact that you are married to him is totally irrelevant to his obligation to support his children and he has no legal obligation to support your child. To the extent that marrying you may create an additional legal obligation to support you (but not your child), it won't benefit him because he knew what his obligation to his own child was and can't avoid that prior obligation by creating a new one. So, marrying you won't do him any good.
Answered on Dec 05th, 2011 at 9:37 AM