Will the courts count my income when figuring child support??

Question

My stepson's mother is taking us back to court for more child support. The support was set 5 years ago when my husband was working at a higher paying job and I was pregnant and although the court counted my income at the time as income for my unborn child, they also counted it towards figuring out his child support. Now he is working at a lower paying job, we have two children together and his ex is remarried with just my stepson as the child in their home. Will they raise his child support? Will they use my income to give her more money? And honestly, if that's the case, I will divorce him and file for child support just to get hers lowered and give the money back to him. She is a money hungry woman who has always used her son and I'm tired of it.

Answer 1

I know in Minnesota they do not count the step-parent's income when figuring out child support.  I don't know if it's the same in all states though.

Answer 2

You need to consult an attorney to have this answered properly.  Most states do not count a spouse's income for child support purposes.  

Answer 3

Nope... Only his and her "earning potential" is what child support is based on. That way if he holds a PhD in economics he cannot suddenly quit his job, take a job as a minimum wage earning lifeguard to get his child support set extremely low. On the flip side if she can earn an income with her education and experience she cannot up and quit her job when she remarries and expect his child support to go up to cover the difference.

Answer 4

I'm not sure where u live. But i do know the child support system is F**ked up. I know in PA they want all income to determined the support. I'm a stay home mom with 3 kids and they asked my husband if i worked and wanted me to get a job so my income would count to. I for one feel that my income has nothing to do with the other kid. If he had a higher paid job vs a lower paid one that he has now they go by what he could be making not what he's making now. and the other income from the other spouse if there married is not in it any how. so if she works and is remarried there just going to go by her income not her  husbands income. Most cases ur income will be but in count too. if your step son was born before ur kids u have with him. it's all about the first family not yours. and a judge has stated that to a friend of mine. the other kids don't matter. i have said the same thing about divorcing my husband because of the child support it's unreal and u can barely live. it's hard

Answer 5

Yes they will factor in your income!  

Answer 6

Yes they will consider your income. They will also take into consideration your children. As for raising the support.....it depends upon if you and him are making more more or less now than when the last order went into effect. Not all states are the same, but here in Massachusetts a good rule of thumb is approx 1/3 of income will be allotted for child Support.  

Answer 7

yep.