| Is there a child support office like the one in DC that will persuse a revision of child support? Ex omitted apx 170k in money from child support calculations. I could not (still can't afford attorney). Now he's married and his household income has gone higher. I can revisit the order, right? |
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You can revisit the order anytime on your own without an attorney. But unless you can show his income or assets have changed, I don't see success.
You can't base higher child support on his spouse's income. His spouse is not required to support your children. |
He has a higher household income now. |
| You can serve discovery and get his income tax records and pay stubs. Will that show his higher household income? |
They've not filed taxes together yet. I'll wait until Dec. |
So what? That makes no difference, it's based off his income. |
| OP -- is this HIS income? It has to be HIS income, not "household" income. |
Not OP, but is it a combination of income and expenses? If his household expenses have gone down (because they are now shared), does that change the calculation at all? |
In VA? This is a state by state matter. I know I have alot of Stepmoms here that are probably not happy about this but if his share of household expense is less now. It is what it is... Thanks |
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OP Here I found this about California:
Some states, like California, have legislation that will permit a new spouse’s income to factored into child support guidelines only “in an extraordinary case where excluding that income would lead to extreme hardship to any child subject to the child support award”. For example, if the non-custodial parent quit a job where he was making $60,000 per year to wait tables at a local restaurant, or where the non-custodial parent chooses not to work, living off the income of the new spouse, the custodial parent may be successful in getting the court to consider the new spouse’s income if she can prove that the non-custodial parent’s decision to take the lower paying job or not to work was based upon his reliance on his new spouse's income. Read more: http://family-law.freeadvice.com/family-law/child_support/marriage_support_protect_spouses_money.htm#ixzz3Bgt0CuaJ Under Creative Commons License: Attribution Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook |
I'm pretty sure that this is not a state-by-state matter. Child support is the obligation of the parents themselves. |
like California, have legislation that will permit a new spouse’s income to factored into child support guidelines only “in an extraordinary case where excluding that income would lead to extreme hardship to any child subject to the child support award”. For example, if the non-custodial parent quit a job where he was making $60,000 per year to wait tables at a local restaurant, or where the non-custodial parent chooses not to work, living off the income of the new spouse, the custodial parent may be successful in getting |
| Op, it has to be an extremely high income or special situation. My husbands ex was like you and expected my income to count even though she refused to provide her boyfriends income whom she left the marriage for. Judge said no. Took the older kids off child support, ordered her to pay more in travel costs for the youngest, and a lot more visitation. They only used my income for tax purposes and given I put him in a higher tax bracket, it got slightly reduced for that. You are not entitled to his wife income. |
Are you in Virginia? Together they make close to 300K. I am single with just our child. |
OP, if you can't afford a lawyer, you should contact VA child support office but like many others have said, you are not entitled to his wife's income. It is not her responsibility to support your child. |