Richmond, CA asked in Child Custody, Child Support and Family Law for California

Q: How can a mom get child support but lives in a two person income household, & I struggle as a single dad to pay?

I have 4 kids. 2 by 1 mom & 2 by another mom. The 1st mom wants child support even though she lives in a household with a new partner who she has lived with for over 8-9 years, has 3 more kids with, & only refuses to marry him so she can collect more child support from me. While I struggle because I’m a single parent trying to provide & help both of my children’s moms, both of who, I don’t live with. Is it legal for the 1st mom to technically hide the income of her partner when filing for child support against me? Does child support factor in the fact that I still have to provide for my other 2 children whose mom doesn’t want child support from me but I always have & will financially help as well? I want to ensure that this process is fair to all my children because as of late I’ve gone with out eating just to make sure my kids are taken care of so I feel like the payments aren’t right.My family & I have constantly been apart of my kids lives & have always paid for their needs & wants?

1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: Actually, if she were to marry him it might increase your support. New spouse's income is not disposable to payment of child support. The only thing a new spouse's income does is put mom's income in a new tax bracket so she nets less income for the child support calculations. The courts do not view that it is the duty of the new significant other to support your kids so the equation only is figured between your income and hers, his is not included.

You cannot get credit for supporting the other two kids because there is no child support order. If there were a child support order in that case and you were paying it then you would get credit for the amount of the order being paid and that would likely lower the support order on the other case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.