CS and a new marriage

wolfden8384

My fiance and I are due in April for our LO.  He has a DD3 from a previous relationship (not marriage), and we haven't even seen the BM in over two years.  She is the custodial parent, but her mom does all the pickup's and drop offs, and communication.  (All of that is for a different kind of post.) 

My question is this.  We have been putting off getting married because we have heard that once we get married, then my income is subject to CS.  I am sure this sounds crass, but when we are living paycheck to paycheck together, with a second LO on the way, we literally can't afford anymore in CS, especially when we are paying for DD's medical bills, and HI in addition to the CS.  Does anyone know if this is true?  If it is, does anyone know a way around it?

SteveandKris

Whether or not your income is subject to CS calculations is dependent on your state.  It isn't in my state.  We would not have gotten married if it was (that might sound mean, but my potential income as a physician is WORLDS above what she makes working at a convience store).

I'd stroll on down to the money matters board on the nest to see if they can help you with your budget - (I tend to be judgemental, but if you're living paycheck to paycheck, how do you plan on supporting a LO?)

Edit: 

(In PA) The court will consider a new spouse's income if one of the following occurs:

(1) The parent paying the child support claims that s/he is unable to pay because of debts.

(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owes

the support has left a job voluntarily in order to avoid paying child support.

(3) There is a claim that the parent paying child support is hiding assets.

(These are the reasons MY income could be used, in PA... - so if my H wanted to SAH with our (future) child, she could potential try to go after my income, but it is MORE likely that they would look at what my spouse COULD earn, which is less then what I WOULD earn...)

xmaryrickx

It depends on your state. Some take spousal income into consideration. Some do not.

SteveandKris

OP, your bio says you are from Ohio.  This is generally what I found:

Will the court use my new spouse's income to determine my child support?
No. The court will NOT normally use your new spouse's income to determine or modify the amount of child support you are to pay or to include for child support calculations if you are to receive child support for your child(ren). Your new spouse has no obligation to support your child(ren) and thus, the court will not usually use his/her income except under very unusual circumstances (such as if the income is really yours but is being paid to your spouse to avoid paying support.)  https://www.ohiodivorceforms.com/CM/Custom/Child-Support-FAQ.php

I would contact a lawyer for the most accurate information, but it seems like, generally, you should be ok...

 

Keep in mind:  (at least where in PA) - future children do NOT reduce the amount of support, as the father knew of his obilgations to the ex's children when he decided to have children with you.

wolfden8384

I should have posted that a bit differently.  The reason we are, at this time, paycheck to paycheck is because we are making extra payments on our mortgage so that we can have that final debt paid off three years from now.  However, with that said, I still don't want to have my income being used for CS.  Otherwise, why have we been busting our butts to get out of debt, if we still aren't going to have that income in the future.

 Good advice on the money matters part.  I am new to the bump, and havent ventured over the nest yet, so that will be on my to do list. 

I guess I will have to check out the CS laws for my state.  I would imagine it would have to be somewhere.

Additonal Edit:  Wow!  Thanks so much for the additional post.  I will have to look at it further to ease my mind, but thanks. 

Also, FTR, we would never want to decrease the amount he is paying now.  His daughter deserves that money, and everything that we can do for her.  Just in dealing with past issues with BM, we feel the need to protect ourselves from every angle.  Thanks again for the info though.

SteveandKris

wolfden8384:

I should have posted that a bit differently.  The reason we are, at this time, paycheck to paycheck is because we are making extra payments on our mortgage so that we can have that final debt paid off three years from now.  However, with that said, I still don't want to have my income being used for CS.  Otherwise, why have we been busting our butts to get out of debt, if we still aren't going to have that income in the future.

 Good advice on the money matters part.  I am new to the bump, and havent ventured over the nest yet, so that will be on my to do list. 

I guess I will have to check out the CS laws for my state.  I would imagine it would have to be somewhere.

I know what you mean.  Good for you for working your butts off to get out of debt - MM will tell you to build a healthy e-fund, especially if you own your home.  I look forward to hearing more of your story on BF.

Also, if might be worth it to ask (if you can prove that BM's is misusing the CS, or if she is not earning to her potential) to see if you can deposit the CS in a 529. 

Background: BM left work on FMLA and sick leave and did not return and used that year's w-2 to recalculate CS - so she was making $10/hr for 5 hr/wk and my H was getting shafted... when she didn't return to work after that child was born and after the court ORDERED her to get a FT job (she worked FT immediately after SS was born) - H's lawyers asked in the money could be put into a 529 for SS instead of to BM... we still pay that god awful figure (1/3 of his pay) but it is so much less emotional then that money going to her to piss away (especially when SS comes in dirty clothes with holes and is so embarassed that he immediately goes to change...)  (This is a trial program here and your state may not go for it)  Sorry to thread jack

 

EDIT:  I also think that his child deserves that money - but it wasn't being used for him... i'm glad you're protecting yourself

bebe11

I would not of got married if this was the case!!  But for me (I live in CA), I read that they would input my income into the calculation, but it is for tax purposes only, and if my income raised my H's taxes, then it could actually cause a decrease in CS.  This info was based on stuff I read online, not from an actual lawyer giving me this advice directly. 

SteveandKris

bebe11:

I would not of got married if this was the case!!  But for me (I live in CA), I read that they would input my income into the calculation, but it is for tax purposes only, and if my income raised my H's taxes, then it could actually cause a decrease in CS.  This info was based on stuff I read online, not from an actual lawyer giving me this advice directly. 

 

This is good to know!

DaringMiss

Why haven't you seen BM?  Are you sure that she is still around?  Or is her mother taking care of the child?

Littlejen22

SteveandKris:

wolfden8384:

I guess I will have to check out the CS laws for my state.  I would imagine it would have to be somewhere.

I know what you mean.  Good for you for working your butts off to get out of debt - MM will tell you to build a healthy e-fund, especially if you own your home.  I look forward to hearing more of your story on BF.

Also, if might be worth it to ask (if you can prove that BM's is misusing the CS, or if she is not earning to her potential) to see if you can deposit the CS in a 529. 

Background: BM left work on FMLA and sick leave and did not return and used that year's w-2 to recalculate CS - so she was making $10/hr for 5 hr/wk and my H was getting shafted... when she didn't return to work after that child was born and after the court ORDERED her to get a FT job (she worked FT immediately after SS was born) - H's lawyers asked in the money could be put into a 529 for SS instead of to BM... we still pay that god awful figure (1/3 of his pay) but it is so much less emotional then that money going to her to piss away (especially when SS comes in dirty clothes with holes and is so embarassed that he immediately goes to change...)  (This is a trial program here and your state may not go for it)  Sorry to thread jack

 

EDIT:  I also think that his child deserves that money - but it wasn't being used for him... i'm glad you're protecting yourself

Um, somehow that is not the whole story.

MrsHamilton2b

For Virginia:

 

I am getting married. Is my new spouse's income considered in the child support guidelines to determine the obligation amount?
No, only a parent's income information is included in the child support guidelines

 

Cookie Monster Mama

I'm in Ohio as well.

DH has a 14 year old and was never married to BM either.  The last (and only) time she went for an adjustment was when DH foolishly let her into our new home that we just built after our wedding - fool!  The c/s tripled... but it had nothing to do with our income. 

She got a credit for the 11 year old she had with another and at that time we didn't have our son.  Now, should she go back for another modification to get more money we have a credit which is our son.  You can't claim a child as a credit until the baby has a SSN.  At that time, should she go for a mod, you would put your child's SSN on the paperwork and it would be a credit.  I keep saying credit b/c I don't want you to think reduction.  In some cases it might, in others, not so much.

I don't know if this part is relevant in Ohio, but I do know for a fact that if a man has subsequent children, the first child's money gets reduced b/c they (Child Support Enforcement Agency) can only take a certain percentage of a payor's salary.  In that example, yes, the c/s of the eldest child is reduced by each subsequent birth, but I think you have to get to a lot of kids to get to that point.

SteveandKris

Littlejen22:

SteveandKris:

wolfden8384:

I guess I will have to check out the CS laws for my state.  I would imagine it would have to be somewhere.

Also, if might be worth it to ask (if you can prove that BM's is misusing the CS, or if she is not earning to her potential) to see if you can deposit the CS in a 529. 

Background: BM left work on FMLA and sick leave and did not return and used that year's w-2 to recalculate CS - so she was making $10/hr for 5 hr/wk and my H was getting shafted... when she didn't return to work after that child was born and after the court ORDERED her to get a FT job (she worked FT immediately after SS was born) - H's lawyers asked in the money could be put into a 529 for SS instead of to BM... we still pay that god awful figure (1/3 of his pay) but it is so much less emotional then that money going to her to piss away (especially when SS comes in dirty clothes with holes and is so embarassed that he immediately goes to change...)  (This is a trial program here and your state may not go for it)  Sorry to thread jack

 

EDIT:  I also think that his child deserves that money - but it wasn't being used for him... i'm glad you're protecting yourself

Um, somehow that is not the whole story.

(I kind of agree... I was not in court that day...). How i understand it is this: Bm's w2 for the year she went for modification was like 10k. They did not calculate her potential income at that time because she was on FMLA. They used the past years income which was skewed because of sick leave her with baby girl. She was ordered to report to the unemployment office twice weekly for job assistance training/searches. We were supposed to go back for a reduction when she got a ft job. She was offered one and declined to take it - so the cs goes to a 529 for SS instead as she is voluntarily underemployed.

karmawes

I do not know much from state to state but make sure once you are married if you file jointly to fill out an injured spouse form. This way any money the BM maybe entitled to will not come out of your part of the return. If you get one. Best advice the irs ever gave me!