Tuesday, May 19, 2015

The Effect of Marriage on Child Support

In the event that two parents part ways, the non-custodial parent is obligated to pay child support to the custodial parent. The amount that the non-custodial pays is dependent on their wages and is then garnished from their paycheck. If the non-custodial parent remarries, it generally does not affect the amount of child support obligation that is paid since the payments are the sole responsibility of the biological parent. However, there are a few exceptions to this. 

1. Modifications 

 If the non-custodial parent arranges an agreement with his employer to make their weekly income payable to their new spouse with the intention of hiding said income, then the state will garnish the wages that the new spouse is receiving in order to make child support payments to the custodial parent. However, not paying child support causes more financial difficulties than paying child support, so hiding income is not the best idea. Another instance of marriage effecting child support is when the custodial parent requests that the child support be modified due to an increase of the non-custodial parent’s household income. However, when child support obligations are modified due to increased income with the addition of the new spouse, the garnished wages are still taken from the non-custodial parent’s paycheck. It is not uncommon for the new spouse’s income to be a factored into how much the non-custodial parent has to pay in child support. 

To learn more about a child custody lawyer in Rancho Bernardo, visit this website.

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