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My ex-husband is remarrying. Will his new combined income increase my child support?
Elba from Onalaska, WI
No, I'm a second wife and my husband has been paying child support for years. My income has nothing to do with his child from a previous marriage. Since you and he are the parents you are the only two who's income counts.
I'd look at your divorce paperwork. Each state is different and in some states you would need to go to court to request higher child support. Then it would depend on how it went.
Whether he is remarried or not, may or may not make a difference but as others said, it may depend on only his income, not the family income.
Most men, however, make more and more money as time goes on and the cost of living continues to rise. If your child support agreement was made some years ago, you may be able to get more child support, just because the cost of raising children is more.
Like everyone stated, at least in Colorado, the new wife's income does not play into the support. Just as if you had remarried it won't go down, because your new husband would not be responsible.
I was the second wife, and my late husbands ex-wife and her husband took us back to court, we live in Massachusetts, to have my income added to his income. They wanted more in child support. We, my late husband and I both worked and we also had two children of our own in addition to his two daughters from his first marriage. The court system had us fill out two (2) financial statements, one for him alone, and the other with our combined incomes. Thankfully the court here in Massachusetts only used his income. We were living week to week as it was and any additional child support really would have been a total burden on us.
He was a wonderful father, paid his child support, and never missed a visitation day, which was 2 days a week and they stayed over 1 weekend a month. I love my stepdaughters dearly, but, their mother's income was not even factored at all. In the end we had custody of the older daughter and the child support was not lowered, and my late husband's ex-wife did not have to pay any child support for the daughter we gained custody of. This all happened back in 1986, I'm not sure what the standards in Massachusetts are today.
No, her income is not figured in and in fact, you could get less CS should they have children together. If they have a child, the amount your xh "owes" in support to that child is subtracted from his gross income. It is whatever the state guideline for one child is (or however many they might have). THEN what is left is used to determine how much he pays for the children the two of you had together.
In Kentucky, the first born child gets, I hate to say it this way, but 'first dibs'. My X had a son with his 1st wife, and when it came time to figure her CS, it was based on his full income. When they figured mine, it was his income MINUS the amount he pays for CS on child #1. In the end, she receives $140 for one, and I receive $105 for two. No, doesn't seem right, but that's the law.
My question is: My current boyfriend owes back support, so after marriage will cs take my income taxes? Michigan
I am the second wife, my husband have two kids from 1st wife and now we also have two kids of our own. Can his support be lowered?
My husband and I live in Maryland and he's stuck paying his ex $1500 a month for their two kids. Mind you we don't have $1500 and his kids live with us. My question is could we receive child support from the mother even though he's remarried.
It depends on your State laws and the Custodial mom has to apply to Court for an increase. The people who are saying 'no' are misinformed. It varies from State to State. My advice to 2nd wives is to keep your finances separate from your husband's. If you file joint Tax returns be aware that your information will show if and when Family Court asks for a copy of your husband's Tax statement. If the case is in a State that includes the 2nd wife's income when determining ability to pay - a joint tax filing can cause his ordered support to increase.
In States that include the second wife's income/assets be careful about adding his name to property of yours. Don't buy property together jointly until your support case is no longer active. Keep your finances separate. NY State went after my assets when I paid my fiance's child support after his heart attack. My advice and concern is for second wives and partners. The Ex wives need no help. They have government paid free attorneys and biased laws on their side. Keep your finances totally separate, even if it means loosing some tax deductions.
If my ex-husband remarries will it increase my child support? I live in Joliet, Illinois.
By Diane from Joliet, IL
No. The child support is determined by the court, based on his earnings. If he married a woman with a million dollars his support will stay the same.
Unless she happens to be wildly wealthy beyond imagination her income will not be counted in Illinois. Be careful about even going down the slippery slope of trying for an increase when he remarries because, depending on whether you get any kind of state or federal assistance (including food) for you and/or your children or you have a boyfriend or fiance, his payments can actually be reduced.
If you were counting on income from his new wife, if she is working, as far as I know child support is only figured on the absent parent's income. They don't hold a new spouse's income as being eligible to support the husband/wife's kids from a previous relationship. However, consult your child support case manager.
I don't agree with you Deeli. Child support is based only on the biological parents income, so nothing a new spouse makes is figured into the amount of child support to be paid. If she does get state assistance the amount she receives is based on her income and the amount of her child support, not the other way around. The only thing that would change is if her ex is behind on his child support she will get his tax refunds from so if his new wife works and they file taxes together neither one of them will get a refund because it will go to her for the back child support.
So if the new wife wants a refund on her income she will need to file separate from the husband. I have been going through this for the last 10 years with my little boy and this is how it has always worked for me on my case.
It's okay to disagree Ninny123, however, it does depend on what state you are in. What I wrote here is based on the experience of what two life long friends went through when their children were young and the assorted Illinois child support laws and case examples I investigated yesterday.
I doubt VERY much that an exhusband's remarrying would effect your child support any way. He is still the father of the children. I would not expect his new wife to support my children.
This has been a huge topic here lately. My BF and I have been talking about marriage. He is divorced and pays support for 3 kids. His ex-wife is remarried and she requested an increase in support. We agreed by law for % she was clearly entitled, but I know her and she won't stop there. She quit her job again because she doesn't want to work. While we are not married, her and her lawyer tried to get my income included as part of the increase because they were not happy with over 700.00 a month increase.
I am so glad I have kept all of my things separate during our dating including accounts because we found out in IL as long as you share an account your money is his money. :-/ That is funny because no matter the thousands I have spent on their kids they will never be my kids, so tell me why I should pay her while I already use my money to buy them clothes, toys, books, beds and more because he was left with nothing for them and tons of debt!
When she filled out her paperwork she put all of the bills, mortgage, and her husbands fuel to go back and forth to work since she clearly doesn't work we know she can't be going through $500 a month, a car payment when they don't have one and not one area did she include her husbands income. While at court her lawyer even made a comment about my income! I have my own bills, my own accounts, my own outstanding student loans and nothing in my name because it is his and we are not married.
How can someone get away with using a mortgage when his name is on the house and clearly she quit her job a couple weeks before court..which also brings me to the fact she filed 2 months before court yet her financial paperwork was dated for the month on court after his was submitted.
I will be doing my research, but if anyone has any advice or knows the laws please comment I would greatly appreciate it.
So if you get married doe your ex not have to pay as much. Same standard right you think the new wife will have to help pay. So if you get married your new husband helps and lowers it for ex!