QUESTION
Will my income be taken into consideration for child support payments?
Asked on Sep 15th, 2011 on Child Custody - Arizona
More details to this question:
I am dating a guy that has a son from a previous relationship, he was never married to the mother of his child. He is paying child support. If we were to marry, would my income be taken into consideration when determining child support payments. In other words, do I have to use my money to pay for his child?
16 ANSWERS
No, at least not precisely.
Answered on Jun 23rd, 2013 at 11:46 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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No, by statute, your income would not be included, except under certain circumstances. If he is working, that won't be an issue. The Income and Expense Declaration would ask for your income, but only to determine the tax consequences for him, nothing else.
Answered on Sep 19th, 2011 at 3:21 PM
In the state of Washington, the rule is that in a proceeding to determine child support, the income of a new spouse has to be disclosed, but is normally not considered in the child support calculation. There is an exception to this. If your spouse as for a "deviation" of child support from the standard calculation, then, the income of the new spouse may be considered in setting child support.
Answered on Sep 19th, 2011 at 3:16 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, your money is not counted in the child support worksheet. However, if you make a significant income, ie 6 figures, then your money can be used for a deviation upward for him to pay more support. This would be where you make sufficient money to pay all household expenses, freeing up more of his money for support.
Answered on Sep 19th, 2011 at 2:37 PM
In Georgia, the answer to that question is No, as a general rule. If he tried to get a modification, the Mother might try to count what you pay towards his expenses (rent or mortgage,for example) as gift income to him. I have not, however, seen a judge accept that argument before.
Answered on Sep 19th, 2011 at 2:30 PM
No, your income would not be counted for his child support obligation, even if you were married. If he didn't work because you could support your new family, they would "impute" income to him to determine his child support. It would be based on his work record and income, not yours. The practicality is though you'll feel the impact of his child support obligations by having less total income for your new family if you have one. Be sure to take that into consideration.
Answered on Sep 19th, 2011 at 2:00 PM
Patricia C. Van Haren
A new spouse income is not considered in a child support award. The only calculation that a new spouse income is included in is for the tax filing basis.
Answered on Sep 19th, 2011 at 1:01 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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While your income does not get calculated as part of the initial Guideline, it is a factor in a possible deviation from the guideline.
Answered on Sep 19th, 2011 at 11:53 AM
The simple answer is no you do not have to pay for his child.
Answered on Sep 19th, 2011 at 11:16 AM
Glen Edward Ashman
While there is no law that says they will look at your income a judge may consider your resources as affecting his ability to pay, so indirectly, it may affect you.
Answered on Sep 19th, 2011 at 7:50 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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In Arkansas child support is determined by the after tax income of the non-custodial parent, not the new spouse, so the answer is no.
Answered on Sep 19th, 2011 at 7:27 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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NO. A step-parent has no financial support obligation and your income is not relevant or included in the child support calculation.
Answered on Sep 19th, 2011 at 6:14 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, your income must be revealed but is not considered unless your boyfriend asks for a deviation.
Answered on Sep 19th, 2011 at 6:14 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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This depends on if the court wants to use the relative income of the parties.. I believe the caselaw in Nevada on this is Rogers v Rogers...ultimately its up to the court.
Answered on Sep 19th, 2011 at 5:21 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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The income of the new spouse is not considered for child support. The only impact your income would have is that it reduces his living expenses.
Answered on Sep 19th, 2011 at 5:20 AM
Your income is not considered for child support purposes because you have no legal obligation to provide support for his child.
Answered on Sep 19th, 2011 at 5:20 AM