I Remarried. Is My Spouse's Income Going To Be Counted For Child Support?
Generally, the Court will only use the parents' income for calculation of child support. However, the Court must consider your spouse's income for determining your own net-after-tax income if you file Married, Joint tax returns. In unusual cases, it may consider your spouse's income for other purposes. (Fam.Code, ยงยง 4057.5.)
Child Support Is No Longer Required, As The Child Is Too Old. If the other parent will not sign an agreement to terminate child support that you can file with the court, you must file an Order To Show Cause (or a Notice of Motion) requesting the Court to terminate the wage assignment. When the Court grants your request, the judicial officer will sign a new wage assignment for zero to take to your employer. (See the discussion of this topic under Duration of Child Support on this webpage.)
Must I Continue Paying Child Support If I Have 50/50 Custody?
If you have higher income than the other parent, you may still have to pay some child support.
Will The Court Consider That I Have Other Children To Support?
Yes. The Court can consider other court ordered child support that you are actually paying to the parent of that child, and it can give you credit for your children living in your home that you may be supporting. It cannot give you credit for stepchildren or other unrelated children living in your home.
If the other parent is not receiving public assistance, then the Court can give you credit for other court orders for child support and for children in your home that you are supporting. Be prepared to prove your actual expenses for such children, however.
You cannot receive credit for supporting stepchildren, foster children, or grandchildren.
Will My Support Go Down If I Have The Child(ren) More Often?
The amount of time that the child is in your custody is a factor in calculating child support. Generally speaking, the more time you have the child, the lower your child support will be because the time the child spends in your home is reducing the expenses of the custodial parent and increasing your own.
Can I Get Rid Of The Interest Accruing On The Child Support I Owe?
Generally speaking, the Court cannot reduce or forgive interest on past due child support.
How Do I Stop Them From Taking Half My Paycheck?
If your employer is deducting up to 50% or more of your check, then you may have a very large arrearage (past due child support). You may need to file a motion with the Court to ask a judicial officer to set a payment on the arrearages that you can afford.
What If The Other Party Does Not Pay The Child Support?
If an earnings assignment was not already signed by the court and served by you on the other party's employer, you may and should apply directly to the Court for the issuance of an assignment order that you can serve on the other party's employer who will then pay you directly. That is the easiest, cheapest, and quickest way to obtain payment on court-ordered support.
For other remedies see the discussion on this Web page about Enforcing a Child Support Order.