Child Support and Marriage

knottie2b256f5c2ae42586

My fiancé has a daughter whom he pays child support for. What I am wondering is: will this amount increase after we are married and include MY income?

I plan on asking him this when he gets home from work, though I know he does not know the answer for sure.

The answer will not change my mind about anything; I'm just curious and would rather have it not be a surprise after the fact.

Jells2dot0

The answer depends on what state you live in. My H's did not increase in AZ, but when his ex tried to get more money, the court forms required that I show my income.

KatWAG

Jax43615 said:

My fiancé has a daughter whom he pays child support for. What I am wondering is: will this amount increase after we are married and include MY income?

I plan on asking him this when he gets home from work, though I know he does not know the answer for sure.

The answer will not change my mind about anything; I'm just curious and would rather have it not be a surprise after the fact.

This sounds like an excellent question for a lawyer

Jells2dot0

KatWAG said:

Jax43615 said:

My fiancé has a daughter whom he pays child support for. What I am wondering is: will this amount increase after we are married and include MY income?

I plan on asking him this when he gets home from work, though I know he does not know the answer for sure.

The answer will not change my mind about anything; I'm just curious and would rather have it not be a surprise after the fact.

This sounds like an excellent question for a lawyer.

 

BOXES BOXES

 

Agreed. I know there are some states where in certain cases, the income will apply. I know California has special rules, for example. The rules are complex.

knottie2b256f5c2ae42586

@KatWAG It sure does lol

@Jells2dot0 Thanks!

I will ask my FI; if he doesn't know, we'll ask his lawyer.

kimmiinthemitten

This webpage has links to each states guidelines.  Depending on your relationship with your FI, his kids, and how you plan on handling your finances, it's not a bad idea to familiarize yourself with these.  Each state varies but they can take marriage, future children, parenting time, and child care into consideration and IMO it's best to have an understanding of how this can change based on your life changes so you're not reacting and know how your choices as a new family may impact your finances.

http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx

lyndausvi

This is very much a lawyer question.   Every situation is different.

I had a friend who got divorced in NC.  She moved to PA.  He was in the marines and was sent to CA. They both got remarried.  She took him back to court for more money, since she live in PA those courts handled the case.      

End result was she ended up with LESS child support then if she had left everything alone as PA had different laws when it came to who pays what.  This was 20 years ago. One point was in NC had the non-custodial parent had to pay 100% of the day care.  PA made them split the costs.  Also getting married and getting a much better job her own situation changed.  

Her ex and his wife (I went to HS with all 3) are stand-up people and kept the amount the same as in NC.  They also increased the payments on their own as they increased their salaries.

Sometimes it's a case of be careful what you ask for.

knottie2b256f5c2ae42586

Thank you guys very much for your responses! And thank you @kimmiandkoley for that link

We all live in OH and will definitely have to look into this.

His ex would be pissed if she got less money, even if it was through a legal court decision. They were supposed to have split custody, but she changed her mind last minute because she wanted child support. She's a dream to deal with.

kimmiinthemitten

Jax43615 said:

Thank you guys very much for your responses! And thank you @kimmiandkoley for that link

We all live in OH and will definitely have to look into this.

In Michigan it is clear cut, remarriage does not change your income as the Obligor.  However, based on a quick google search Ohio can, in circumstances take household income into consideration (for example, if your income is significantly higher and you and FI move into a mansion while she lives in a trailer, they can consider that so the child's homes are more consistent).  

With that said, I'd check with a lawyer who specializes in fathers rights and make sure both of you read his entire agreement and completely understand all of the stipulations before you're married.

ETA:  In Ohio they call it a Rebuttal Presumption when the circumstances of the standard calculator don't apply to your case.

knottie2b256f5c2ae42586

YOU ARE AWESOME @kimmiandkoley