If you are receiving child support and start a relationship with a new boyfriend, your ex-husband may try to say that your boyfriend’s income should be factored into the child support equation. Is he right?
While there is currently no law in place that says that your significant other’s income should affect your child support, there are some cases in which judges might take it into consideration.
Judges Have a Lot of Discretion
As it currently stands, if you and your boyfriend have separate finances, he is not legally responsible for you or your children and should not affect your child support payments. He cannot (or at least should not) be considered a reliable source of income when the courts calculate child support.
However, judges have a great deal of leeway when it comes to determining child support. At any time, your ex-husband can petition the courts to reassess the child support payments and then it will be up to the judge to determine what’s fair and appropriate.
Some of the things the judge will take into consideration are:
- whether your boyfriend is providing significant support;
- if you are engaged or remarried; and
- whether your ex-husband is struggling to meet his financial obligations.
It’s not often that judges will take a significant other’s income into consideration when calculating or recalibrating child support payments, but they can. Judges have a responsibility to make judgments that balance the law with the needs of the child.
Child support and custody can be a huge legal ordeal and if your ex-husband is trying to skirt his way around child support, you’ll want a family law attorney who will defend your case, prove your continued financial need, and protect your support payments.
Speaking to Our Family Law Attorneys
At Warren & Migliaccio, we’re here to help you with all aspects of your custody, support, and divorce needs. Contact us today at (888) 584-9614 for a free consultation.