Cromwell, CT asked in Family Law for California

Q: My husband has just been ordered to pay 1000 a month in child support. We have been paying it with my income included.

We just found out that a step parents income does not need to be included in the state of CA and we would like to modify the support. Are we likely to be able to have the support reduced? I have not yet met his daughter because of the complication of their situation and don't feel that I need to be included with payments and this time. In addition the mother and daughter are well taken care of and live with the mothers parent`s she has never moved out and was never married. Do courts take this into consideration?

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2 Lawyer Answers
Gina Marie Famularo
Gina Marie Famularo
Answered
  • Corona, CA
  • Licensed in California

A: If you have a question about child support, your husband should seek a consultation with an attorney. It is common to include the new spouse's income in a support calculation, but that does not mean your husband will pay more support. On the contrary, your included income usually results in a reduction in support. This is because you will push your husband into a higher tax bracket. The higher tax bracket is used to calculated support, but only husband's income is considered when making the order.

Gina Marie Famularo
Gina Marie Famularo
Answered
  • Corona, CA
  • Licensed in California

A: If you have a question about child support, your husband should seek a consultation with an attorney. It is common to include the new spouse's income in a support calculation, but that does not mean your husband will pay more support. On the contrary, your included income usually results in a reduction in support. This is because you will push your husband into a higher tax bracket. The higher tax bracket is used to calculated support, but only husband's income is considered when making the order.

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