Will my income be taken into consideration for child support payments? 30 Answers as of September 20, 2011

I am dating a guy that has a son from a previous relationship, he was never married to the mother of his child. He is paying child support. If we were to marry, would my income be taken into consideration when determining child support payments. In other words, do I have to use my money to pay for his child?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No, you have no legal obligation to the child in question. While you are in a relationship with the child's father, your income is not relevant. The most simple way to explain this is that you may become a step-parent, but you are not the parent and the law does not expect you to support the child financially or otherwise. Society may place a moral duty upon you to care, protect, feed, clothe the child, but the law does not. Accordingly, even if you marry the father, your income is not considered when calculating his child support.
Answer Applies to: Texas
Replied: 9/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Under Minnesota statutes, the income of a new spouse or a significant other is not included in any child support calculation.
Answer Applies to: Minnesota
Replied: 9/20/2011
Howard E. Knispel, P.C.
Howard E. Knispel, P.C. | Howard E. Knispel, P.C.
You are not legally obligated to support someone else's child, however your boyfriend cannot cry poverty if you are helping with the household expenses.
Answer Applies to: New York
Replied: 9/19/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
In Georgia, a parent's spouse's income CANNOT be taken into consideration in determining child support. Only the biological (or legal, where a child has been adopted) mother and father are responsible for support; therefore, only their incomes can be considered.
Answer Applies to: Georgia
Replied: 9/19/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. New mate or new spouse income cannot be considered in the calculation of child support, except in extraordinary circumstances (which are likely not applicable in your case), pursuant to Family Code Section 4057.5.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Rhonda Ellifritz | Rhonda Ellifritz
No, by statute, your income would not be included, except under certain circumstances. If he is working, that won't be an issue. The Income and Expense Declaration would ask for your income, but only to determine the tax consequences for him, nothing else.
Answer Applies to: California
Replied: 9/19/2011
Roscich & Roscich
Roscich & Roscich | John Roscich
Your income should not be used to calculate his child support obligation.
Answer Applies to: Illinois
Replied: 9/19/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
In the state of Washington, the rule is that in a proceeding to determine child support, the income of a new spouse has to be disclosed, but is normally not considered in the child support calculation. There is an exception to this. If your spouse as for a "deviation" of child support from the standard calculation, then, the income of the new spouse may be considered in setting child support.
Answer Applies to: Washington
Replied: 9/19/2011
George Pecherek & Associates, P.C.
George Pecherek & Associates, P.C. | Andrew John Hawes
No. The court is supposed to consider the net income of the parent, not the parent's girlfriend/spouse. For one child, he has to pay 20% of his net income. Your income will not be considered. In very rare circumstances, the court may consider, if the court makes a finding that the normal statutory guidelines would be inappropriate, the financial resources and needs of the non-custodial parent. Obviously, if you make a considerable income, the court may consider that in a child support determination. But the general rule is that only his income is considered.
Answer Applies to: Illinois
Replied: 9/19/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
No, your money is not counted in the child support worksheet. However, if you make a significant income, ie 6 figures, then your money can be used for a deviation upward for him to pay more support. This would be where you make sufficient money to pay all household expenses, freeing up more of his money for support.
Answer Applies to: Ohio
Replied: 9/19/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, the answer to that question is No, as a general rule. If he tried to get a modification, the Mother might try to count what you pay towards his expenses (rent or mortgage,for example) as gift income to him. I have not, however, seen a judge accept that argument before.
    Answer Applies to: Georgia
    Replied: 9/19/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    No, your income would not be counted for his child support obligation, even if you were married. If he didn't work because you could support your new family, they would "impute" income to him to determine his child support. It would be based on his work record and income, not yours. The practicality is though you'll feel the impact of his child support obligations by having less total income for your new family if you have one. Be sure to take that into consideration.
    Answer Applies to: Wisconsin
    Replied: 9/19/2011
    Hochman and Peppler, LLC
    Hochman and Peppler, LLC | Thomas R. Peppler
    Your income will not be used in computing child support for children that are not yours.
    Answer Applies to: Florida
    Replied: 9/19/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    When calculating a child support obligation, only the incomes of the parents are taken into consideration.
    Answer Applies to: Florida
    Replied: 9/19/2011
    Patricia C. Van Haren, Attorney at Law
    Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
    A new spouse income is not considered in a child support award. The only calculation that a new spouse income is included in is for the tax filing basis.
    Answer Applies to: California
    Replied: 9/19/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    While your income does not get calculated as part of the initial Guideline, it is a factor in a possible deviation from the guideline.
    Answer Applies to: Pennsylvania
    Replied: 9/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It cannot be counted in his income. However it is a deviation criterion in accordance with the Child Support Guidelines, but only in very specific situations. The provision states: (D) the regularly recurring contributions or gifts of a spouse or domestic partner, but only if it is found that the parent has reduced his or her income or has experienced an extraordinary reduction of his or her living expenses as a direct result of such contributions or gifts; The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 9/19/2011
    Jones & Williams
    Jones & Williams | Elizabeth Jones
    The simple answer is no you do not have to pay for his child.
    Answer Applies to: California
    Replied: 9/19/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Probably not if you keep your financial's separate and show it as separate on your income tax forms.
    Answer Applies to: Alabama
    Replied: 9/19/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The general answer is no, your income would not be included on the child support worksheet when determining child support for your boyfriend's child, even if you were married.
    Answer Applies to: Georgia
    Replied: 9/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    While there is no law that says they will look at your income a judge may consider your resources as affecting his ability to pay, so indirectly, it may affect you.
    Answer Applies to: Georgia
    Replied: 9/19/2011
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