QUESTION
If I marry a man who is paying child support can his ex raise his support payment because of my income?
Asked on Mar 06th, 2013 on Child Support - Nevada
More details to this question:
My fiance is currently making child support payments according to his income. I work two full time jobs to pay all the bills and be able to buy groceries and pay for child care when the children are here. When we get married can his ex wife go back and ask for more child support because of my income? We also have the children all summer and still have to pay her for child support even when the children are with us, is that normal or is that something we can have ammended? There is a third child that isn't my fiance's that we still take for the summer because he raised the child, should she have to pay us for that child while we have them for the summer? She had a lawyer through the divorce and child custody case and we did not and she was given the right to claim both children on her taxes. Do we have any rights to claim one child if we went back to court? Thank you for your help.
1 ANSWER
On consideration of spousal income, see the answer to that question I posted today on this site (if you don't see it, let me know).
The question on time share and abatements is that abatements are disfavored, even during extended summer visitation, but if the total time share is 60/40 or closer, looked at over a whole year, you may fit under the revised opinion in the Rivero case for what constitutes "joint custody." For details, see http://willicklawgroup.com/child-support/.
As to the third child, you could ask of course -- but the likely response wold be to send the child somewhere else.
Nevada courts do have the power to allocate tax exemptions, but generally the question is which parent is providing more than 50% of total case for the child. In lots of cases, it makes sense to divide the exemptions when there is more than one child.
Answered on Mar 14th, 2013 at 12:59 PM