child support and marriage in california?

Question

My boyfriend pays monthly child support for his daughter, this child support is based upon his income (he is in California, so is the child). If we get married, will my income be used in the child support calculation? Is there a potential that the child support may have to be raised?

Answer 1

NO...the US Supreme Court ruled several years ago that the prior assets and current income of a parent's spouse (In this case, you) cannot be presumed to be available for the purposes of child support or spousal support, even in states where all income is otherwise considered to be community property and all debts considered to be joint obligations...that means you are not legally on the hook for his kids and his ex wife can't try to get your house...in a nutshell.

If you two marry and he stops working or something, they can haul his tail to prison if they have cause to believe that he's willfully avoiding his obligation, but your paycheck cannot be considered in deciding or fulfilling his support order.

You will want to consult an attorney specialising in family law about specifics such as whether you should file your taxes jointly or seperately, how a jointly purchased home should be deeded and to draw up a prenuptual agreement about any inheritance you may recieve in the future and MAKE OUT A WILL....Both of you.

(the Supreme Court ruling left some confusion about the distribution of assets aquired by one party but within the marriage)

Answer 2

There is no easy answer to this question. I've included a link to the California Department of Child Services that has some frequently asked questions. Basically, the amount of child support has already been stipulated by court order, and it can only be changed by another court order. That means that a judge would have to evaluate your individual situation and determine whether to change the amount owed. It doesn't lend itself easily to a simple calculation. Know, however, that marrying him MAY influence a court to change the amount due; of course, that entirely depends on whether the mother brings a notice to the court requesting a recalculation of the support owed. I've also included links to the Child Support Handbook, which has more details than the FAQs page, as well as a link to the contact person for the department, who would be able to answer your questions more specifically.

Answer 3

baby help is monetary help for the baby paid from the NCP to the CP. If a NCP falls behind or does no longer pay they're nonetheless to blame. and could discover themselves paying their arrears to the CP many years after the baby turns into emancipated. the money IS in help of the baby and if paid appropriately at the same time as the baby is a minor then definite it is going on to the baby as they improve up (like that's going to)... when it comes to arrears being repaid after many years... that is taken into consideration repayment for the help that the CP presented with out assistance in the course of the baby's upbringing. Its unhappy because the baby ignored out on such an excellent form of issues at the same time as the CP became attempting to make ends meat. 2 issues can happen right here. She now has the baby so some help may be due her... yet she nonetheless owes $14k. The courts could call it a wash, or start up reducing her arrears with the help of the quantity owed to her till the baby is emancipated. At which factor any last arrears should be paid to the daddy. the daddy can then chosen to apply this money to pay any charges he incurred with the aid of lack of funding at the same time as elevating the baby, or position the money in some style of funding for the baby consisting of faculty, lower price rates, existence coverage, and so on. I recieve baby help and spend more desirable than double the help volume on my daughter, and that i also make contributions to a 529 college lower price rates Plan and existence help on myself that entitles her to be the completed beneficiary could something (g-d forbid) happen to me. baby help is a controversial topic on both aspect besides the indisputable fact that the guidelines are written in black and white. So study up, call the organization and ask, and so on. awareness is your maximum perfect weapon and equipment in existence. i'm hoping your husband's ex spouse does properly with the help of this undesirable baby... He has suffered lengthy adequate now...

Answer 4

usually the money from the spouse is not included. unless the support person is hiding income by transfering it to a spouse to avoid.