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Asked 10/21/2009

Can my husbands ex up her childs support amount based on my income. we live in GA

My husband and his ex-wife got an divorce 6 years ago in the state of GA. And in court papers he pays 17% of his gross income for their son.
This year my husband and I go married and this year in had a baby boy.
Now my husbands ex-wife said she is taking him back to court to up the child support, and now that we are married it is based on both of our incomes and it does not matter what she make (which is amount 3 dollars less then my husband) and it does not matter he has another child.
Please help me understand GA’s laws. Here are my questions

· Can she get my money when I have no legal rights to their child
· Does it now matter what she makes
· Does it now matter he has another child

Thanks for your help

 
 
 
 
 
Answers

Answer 1/3 - Submitted 3/31/2011

Can your child support be raised based on a higher salary of a spouse. I would like to say no, just because of the fairness of the thing. But, these are judges we are talking about. What I think will happen in your case, the judge will be given a couple of options here. The judge could not allow your salary for calculation which would be great. Or he could which doesn't seem fair. Okay stick with me on this.What he will allow for sure is that the ex wife's salary has gone up significantly. So this could go a couple of ways. Judge could allow your salary to be used for calculation of child support and allow ex wife's higher salary would give you a wash. Meaning that your salary would be negated by her higher salary. That would be great. The other option for him or her would be to not allow your salary but to allow her higher salary and your husband would now get lower child support based on her higher salary or it could remain at 17% of his income either way you guys win. Good Luck.

 
 

Answer 2/3 - Submitted 4/3/2011

Yes, it is a pure mathematical formula with no human judgement calls.
It's not fair and more than one new wife have quite their job because of it.
If the husband and new wife can't afford the new support amount then you will be told to sell some things.

Did I mention that it is not fair?

 
 

Answer 3/3 - Submitted 4/3/2011

I hate when things like this happen.

The new wife's income should have no bearing and if they were unmarried, it wouldn't have any bearing.

I hate the family law system and that's why i'll never get married again. It's a kangaroo court system that i'll never allow myself to be at the mercy of again. They claim they're looking out for kids but it's about the money.

The states make millions from child support. that's one of those dirty little secrets they don't like to talk about. They get a cut of every payment that goes through their system; which is another reason i started paying it from day one on my own.

Had I waited or not paid until an agreement or order was in place, they would have gotten into my paycheck and now it's mandatory. I pay way more than the law requires but I'm against the whole principle of the state being in the middle and turning a profit. It's just wrong.

Thank GOD there's a ban against instituting and making citizens subject ex post facto law in this country.

 
 
 
 
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