Patricia A. Hendrickson Family Law Blog on Lawyers.com

WHEN WE MARRY, DO I HAVE TO PAY CHILD SUPPORT TO MY NEW SPOUSE'S CHILD FROM A FORMER MARRIAGE?

Thursday, May 31, 2007 by Patricia A. Hendrickson

Photo of Patricia A. Hendrickson

QUESTION:  My fianc¿ and I are getting married in a
couple of months.  He is divorced, and has a 5-year-old boy with his ex-wife. 
Ever since my fiance’s ex-wife learned about me, she has tried to limit my
fiance’s time with their son.  She also threatens him constantly, saying if he
marries me, she will take him back to court for more child support which I will
have to pay, since I make more money than she does.  Can my income be used to
pay child support for my fiance’s son?  Don’t get me wrong – I love this boy!  I
just need to know what my potential liability is.


 


Thank you for any information you can give me. It is
greatly appreciated. Thanks again!


 


Ms. Doe


 


 


 


Dear Ms. Doe,


 


Your income will never be available for child support. 
That said, it does go into the DissoMaster (the software program that determines
child support) once you are married, and generally the effect is to REDUCE child
support.  This is why:  when 2 parties file married and joint, that
automatically bumps you into a higher tax bracket because the 2 of you make more
than just your husband.  If you're in a higher tax bracket, he is paying more
taxes out of his check (which are the only funds available to pay child
support), and therefore takes home less out of his check.  Since he has less, he
pays less support. 


 


Good for you for loving this little boy.  I can tell he
is very lucky to have you on his side. 


 


Best,


 


Pat Hendrickson


 
Posted at 18:35 PM
Topic: Family Law
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