I am newly married. My ex has had physical custody of our son for the past 2 years. He and I are requesting an uncontested modification for me to have physical custody and to be paid child support. When filling out a financial statement, does my new husband's income factor in? How do I deal with bills that we split, or those that he pays fully (like rent) on the statement?
Your current husband's income is not factored in to child support calcualtions and is not required in a financial statement. What you actually contribute to bills should be the amount that you should indicate in the financial statement. If you feel that it may not appear valid to the Court, you may state in a footnote that it is your share. Similarly, you may indicate in a footnote the reason you are not covering certain bills, like rent. I hope this helps.
Zlochiver & Associates
Divorce / Separation Lawyer
Your new husband's income won't be factored in as income on the child support guidelines. Instead you will factor his contribution to the household by reducing your monthly expenses. So if he pays half of the mortgage you should only show weekly expense for your half of the mortgage on your financial statement.
Technically it could be included as contributions from other household members, but the way I described above the the most common way of dealing with this issue. Best of luck.
Karla Mansur, Esq.
Law Office of Karla M. Mansur, LLC
81 Middle Street
Concord, MA 01742
P: (978) 341-5040 / F: (978) 401-0687
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Nope, your new husbands income has no bearing on child support calculations, it will be used to reduce your overall expenses such as food mortgage etc if he contributes but will not affect child support. take care.
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Child Custody Lawyer
Your husband´s income is not taken into consideration. However, you should allocate your share of your household expenses on the financial statement. Meaning, if you pay $500.00 of the $1,000.00 monthly rental expense, you should note this on the financial statement.
The Child Support Guidelines are based solely on the parties' gross income - not their spouses, etc. I wish you luck!
Anthony Rao, Esq.
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Family Law Attorney
Most often the answer is no, unless you and your new spouse have children together, and you are seeking a modification of an existing child support order for previously born children. This does not seem to be the case. However, as colleagues state, if new spouse pays one-half of allhusehold expenses, you SHOULD disclose on your financial statement that you are only reponsible for one-half of the same -- otherwise, you would commit a "fraud upon the Court" by being less than truthful.
While this happens far too often for my tastes, it should NOT be done. If new spouse pays all rent, you will not show a rent expense on your financial, it you pay one-half utilities, it is easiest to add up past twelve months of utilities, divide in half, then divide by 52 to get your weekly liability, etc.
Please know that in MOST cases, the only real factor will be the respective parents' incomes.... expenses really only play a part if the Court feels there are good and sufficient grounds to vary from the Child Support Guidelines.....
You may find the Guidelines, and explanation of the same at:
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Divorce / Separation Lawyer
No, his income is not included on your financial statement. When you are filling in your weekly expenses you must do the math and put down only what you contribute towards rent, groceries, utilities, gas, etc. The judge may ask you to explain how the finances are handled in your household if he or she needs more explanation.