Does my husband's income affect how much my ex boyfriend has to pay for child support?

Asked over 1 year ago - Moreno Valley, CA

My ex boyfriend pays child support that was ordered back in 2007, he has no custody rights and hasn't seen our two kids in three years .I know he makes more now than he did then but I have never bothered to change our orders. I am wondering if my new husband's income will affect how much my ex pays. I don't want to ask for them to reevaluate the case and it lower the support. My husband and I have also had two children together.

Attorney answers (1)

  1. Henry Brian LaTorraca

    Contributor Level 8

    Answered . The only way to answer this question is to use the calculator at http://www.childsup.ca.gov/Resources/CalculateC...

    If you file a tax return jointly and your marginal income tax increases as a result, your husband's income will not be included but the tax rate applied to your income would result in your having less net income than if you filed separately. Again, the only way to determine the amount of child support would be to plug in the numbers in the calculator. Keep in mind that a modification of child support is not retroactive to prior years. Also, you have to factor in the attorney's fees and costs to get a modification order and whether your request will trigger a request by your ex-boyfriend for other modifications.

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