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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7394
Experience:  Experienced Family Law Attorney
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I pay $400/month child support to my ex husband. In the

Customer Question

I pay $400/month child support to my ex husband. In the divorce decree I have been required to also employ him for the first two years after the divorce. He is an accountant, he does A/R and payroll for my business. I pay him $30,000 a year for that. His two-year term is about to end. He makes $98,000 a year without my additional $30k via his full time job. I have several questions around this:
1. If I end the ex husband's position with my company at the end of the mandatory 2 year mark and hire my boyfriend, cutting my salary so that it's relatively even with the ex's new income, and paying the boyfriend the difference, is that legal, and/or does the ex have a case against me to sue for additional child support?
2. Does the boyfriend and I getting married affect this possible scenario in any way? Specifically, is our combined income subject to calculating child support?
3. Are there any other legal risks or implications to what we're considering?
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

Thank you for your patience as I researched this for you.

The court, if presented with the issue, will be able to review the reasons for the cut in pay. If the court determines that it is designed solely to avoid/reduce child support, the court may "impute income" - basically assign the prior income amount for purposes of determining child support. However, if there was a valid reason for the reduction in pay (ie less hours due to slowing economy for example) then it would typically be acceptable.

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As for the step parents obligation to child support: the income of the new spouse is not considered in child support calculations because a step parent does not have a legal duty to financially support a step child.

If the step parent reduces living expenses of the parent, then the court can take into account the lowered living expenses as a basis for adjusting support, but this is typically only done if the living expenses are substantially reduced due to the new spouse's contribution.

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