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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33394
Experience:  Began practicing Family Law in 1992
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I'm about to get married to a man who pays a monthly child

Customer Question

I'm about to get married to a man who pays a monthly child support to his first wife. Once we get married and file our marriage license I'm wondering if 1, is my income going to count were the child support could got up? And 2, if he were to lose his job for any reason could my wages be garnish for his support owed?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1, is my income going to count were the child support could got up?

No. The income of the parents are the only incomes that count.

2, if he were to lose his job for any reason could my wages be garnish for his support owed?

No. They can't garnish a spouse's wages for child support.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
We are in the middle of doing a modification request on the amount of child support my soon to be husband pays monthly. Are you sure with California law my income will not cost? His earning have gone down while the mother of his children's wages has gone up. Must people are telling us we should wait to file our marriage list with the courts until the modification is complete and adjusted. According to the Child support repersentive he has they say they will take into account my earning as total household income and therefor we could even see an increase of monthly dues because of this.
Expert:  JD 1992 replied 1 year ago.

Yes, I'm sure. It is a part of the statutes.

4057.5. (a) (1) The income of the obligor parent's subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor's subsequent spouse or nonmarital partner.

Note that it takes an "extraordinary case" where a child would suffer "extreme and severe hardship". I've never actually seen a judge grant it under this clause because the burden is too high.

If you go to this Google search you will see that everyone agrees that it is equivalent to the new spouse's income not being considered:

https://www.google.com/?ion=1&espv=2#q=california%20spouses%20income%20count%20for%20child%20support

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