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partner's income in child support?

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jlo1030
Posted by
New Member

16 Jun 08 #26617 by jlo1030

Topic started by jlo1030

Any help with this issue would be greatly appreciated...

My partner's ex-wife is taking him back to court for child support modification. When my partner was first divorced we were not living together but now we are and we have a son together as well. I wanted to know if the court will have to include my income in the child support modification? We are not married just live together. Will the court take into consideration the fact that my partner has another child now? Also the ex-wife built an illegal efficiency on the side of her home which is extra income that the court does not know about. She does not claim this extra income in her taxes. Would we be able to use this against her?

kidsinbulgaria
Elite Member

17 Jun 08 #26797 by kidsinbulgaria

Reply from kidsinbulgaria

Hi Jlo,

Congrats on the twins and nice latino bum, by the way !!! lol

Seriously, assuming that you are UK, this is my understanding :-

(1) Does not matter if you are married or just living together. Only his income should be taken into account in the basic calculation of child support. She could ask for special consideration under a kind of exceptional circumstances for extra money if he is living a lifestyle way beyond his means but this is hard to prove.

(2) regarding your child together, then yes he is entitled to a discount for having another relevant child, which is 15%. It is taken off his nett monthly income before the percentage is applied for his original child/children. You can also get a discount if the kids stay overnight with you for one night in seven days a week on average (1/7 off) etc.

(3) Her income does not come into child support at all. It is only the non-resident parents income.

I cannot condone you using this new information regarding her extra income as a lever to reduce payments as I am firm believer that the non-resident parent should pay the going rate for his children for their roof over head, clothes on back, meals on table...

He can divorce his ex-wife but will never stop being the kids's dad.

I still pay for my two eldest kids, even though they live in Bulgaria.

Good luck
Mike

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