Child support adjustments after remarriage

[gadad682]

I was curious how child support is affected by future remarriages.
If my X remarries and works less, due to income of new husband. How would it affect her calculated income for CS purposes, if we were to go back to court for CS adjustment?
What typically happens in the opposite situation?

[Fatheroffour]

For the most part, you are restricted to those adjustments listed on the state CS worksheet and schedules.

I don't remember Ga having those allowances and I haven't looked at the worksheet for a while but in most cases calculations are done using parents income and that's it.

[BartSimpson]

It goes to the State - like Oregon, for example.

If your ex remarries, and works less, then you must impute her income or the in-kind contribution of the husband as income. Start documenting things now.

I assume by the opposite situation, you are suggesting your own remarriage. It will not reduce your obligation to support your children - who were there first - and child support payments will come first.

It takes a very special woman to marry a Dad with kids and not get wrapped around the axle about his child support diverting money from "her" family. Unfortunately, that special woman has already married that Dad and is unavailable to you.

[Gdad]

My understanding is that whether she remarries or not isn't relevant. It's her income that matters. The support is based on computations using your combined income to determine the total amount of support you must jointly provide. If you earn 60% of the income, you pay 60% of the support amount.

More specifically, let's say you earn $3,000/month and she earns $2,000. The combined support for one child is $917. You pay about $550 (60%) and she pays $367 (40%). Now remarried, she earns $1,000. The combined support is now $779. You pay about $623 (80%).

[defaultuser]

Its all about the income, but in some places you can count ALL income as income, such as the fact that her new husband pays the mortgage - free rent is income.

In my opinion the vast majority of cases are based on actual income or imputed income if one person is underemployed or voluntarily unemployed. The in-kind income thing is a rarity, but the caselaw in many states support it. Problem is that evidence collection can be tricky.

[Fatheroffour]

CS is based on income. While some judges will just look at a paycheck stub, statutorally, income will be ones gross income (all sources of income) which is the same as what one declares on their federal income tax return which after calculations will give one their presumptive child support obligation.

If you wish to deviate from the states presumptive guidline child support, The court will need to make written findings as to the reasons for the deviation, including how the best interest of the child will be served by deviating from the Presumptive Amount of Child Support.

Forget about fair, right or just. Best interest is the only guiding factor and any deviation is strictly up to the judge.

You really won't find a better guide to Georgia child support and how to fill out the worksheet than http://www.georgiacourts.org/csc/CompanionGuide_V2.pdf

WHich states:

Statutory Reference for Findings of Facts: When ordering a deviation from the presumptive amount of child support, the
court or the jury shall consider all available income of the parents and shall make written findings or special interrogatory findings
that an amount of child support other than the amount calculated is reasonably necessary to provide for the needs of the child for
whom child support is being determined. The order or special interrogatory shall state: (i) The reasons for the deviation from the
presumptive amount of child support; (ii)The amount of child support that would have been required by law if the presumptive
amount of child support had not been rebutted; and (iii), How in its determination: (I) Application of the presumptive amount of
child support would be unjust or inappropriate; and (II) The best interest of the child for whom support is being determined will be
served by deviation from the presumptive amount of child support. O.C.G.A §19-6-15(i)(1)(B). See also O.C.G.A. §19-6-159c)(2)(E).

If the court does not include the finding of fact on why deviation from guideline fulfills the above guidelines, it will be overturned on appeal. Meaning, the judge isn't going to bother with trying to conclude why any deviation is in the best interest of the child except in the most egregious of cases.


If you want to try and attribute her husband paying her mortgage payment as income-----good frackin luck.

Really!