Is a man's new wife's income considered when calculating his child support payments?

Question

In a community property state (Texas), if a man remarries, is his new wife's income used to calculate his child support obligation? I make a lot more money than my boyfriend and things are starting to get serious. His ex is figuring that if we get married, his household income will go up and that she should get a bigger support check. Is she right?

I have no problem with him paying his support but I DO have a problem with my paycheck going to her pocket. I work very hard for my money and spent a lot of years in school to get to where I am. I made a conscious decision to not have children and I'm not thrilled at the idea of having to pick up the tab for someone else's kid.

If so, other than breaking up, is there any other way to keep her hands off my wallet?

Answer 1

I believe so...need to seek counsel.

Answer 2

I doubt it.  Child support is calculated on the parents' income; you have no obligation.  However, that assumes he's not trying to beat the system.  If he quits his job because you can support him, then tries cuts his child support because his income has dropped, the court can attach his property, to include property that might also be jointly in your name, to garner the arrears.

Sadly, what I see missing from your question is any mention of the children.  The child support money is not for the ex-wife, it is for the children.  While it is not your obligation to support them, it is his.  I hope you wouldn't want to be with someone who failed to support his children, no matter what the feeling are about the ex-wife.

Answer 3

No it is only the man's income which decides the child support. Regardless of what the new girlfriend or wife owns. I don't have kids either and I certainly wouldn't pay for another womans kid either.

Good Luck

Answer 4

I don't believe your salary will be considered in child support payments that your husband is making. I believe it comes from his income only, unless  he is not working at all. She cannot expect more money. He should pay what he owes for the child and as long as it is a sufficient amount to cover that child's costs, he should not have to pay more.

Answer 5

Heck No.  The debt is his so only his income is ever figured in.

Now over time as the kids get older, she can take him back for more money as it does cost more to raise kids as they get older.  The only way she won't is if he gave a far greater amount in the beginning while they were  young.  Then the mom should have budgeted better.

Say the child was 2 yr old, the father agreed up front (or insisted) on paying $400 a month.  When the child becomes a teen, the judge would say no way, what did you do with the execss in the years that it didn't cost $400 a month to care for the child.

I had a boss that did just that, 3 kids, up front paid over $800 while the kids were all under age 8.  Mom tried to take him back and the judge tossed it out as he had over suppored them when the big picture was looked at.

Long story short, only his income is ever in play.

(I live in San Antonio)

Answer 6

Fact, State of NJ does take that into acct.   Do not merge finances.  Keep separate accts, file separate income taxes.  That is the only way to avoid this.  Do not even share charge cards.

Answer 7

nope. just his.