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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34294
Experience:  Attorney with 16 years experience
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My boyfriend was divorced in Ohio one year ago. He pays

Customer Question

My boyfriend was divorced in Ohio one year ago. He pays alimony for life and child support for one child (14 yrs. old) until the child turns 18 years old. If he and I were to marry, is his exwife legally eligible to attach my salary as an increase in his income?
Submitted: 6 months ago.
Category: Family Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Expert:  Barrister replied 6 months ago.

If he and I were to marry, is his exwife legally eligible to attach my salary as an increase in his income

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Not directly no. What I mean is that you have no legal obligation to contribute towards paying his support obligations.

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However, sometimes combining households results in cost savings like eliminating two utility bills, cutting food costs, cutting housing costs, etc. This can result in one spouse having a higher disposable income and the ex can then file a motion to modify their support based on this increase.

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For example if you were to get married and then you pay all the bills because your income is huge compared to his, that means that his income becomes entirely disposable so she could argue that more should go to support.

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But realistically, there would have to be a huge increase in his disposable income in order for it to justify a judge modifying the support.

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So for all intents and purposes, the answer is no, your income won't come into the equation if you were to get married.

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thanks

Barrister

Customer: replied 6 months ago.
My boyfriend earns about $75,000. per year, while I earn about $91,000. yearly. So, even then, she would not be able to attach my salary?
Expert:  Barrister replied 6 months ago.

No, that is not enough of a discrepancy to make a difference to justify a judge ordering a modification..

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thanks

Barrister