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untitled / Family & Parenting / 7:50 PM - Tuesday May 06, 2008
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(Female, 29-35) asked:


My boyfriend pays child support for his kids. Do i have to pay child support if we get married? Will the court use my income to calculate the monthly child support?


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A Career Woman (Female, 46-55, Who Cares?) answered:

Screenname: baddgirl


wait a second. Let's be clear. In MOST states child support is a static amount of money ordered by the court based on a percentage of the FATHER'S income at the time the order is filed. That amount does NOT change until such time as the father's income level changes AND the mother files a claim for a revision. If the mother does not file a claim for a revision NO modification will be made to the amount the father owes. The father's marital status does NOT effect the ordered amount at all. That said, the spouse is responsible for ensuring the ordered amount is paid.

(BTW my ex is a divorce/child support attorney and he has explained these laws to me many times when I have tried to help my friends)

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A Creative (Female, 22-25, Other Profession) answered:

Screenname: leebee


yes. unless the mother also remarries

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A Thinker (Female, 46-55, Financial / Banking) answered:

Screenname: justpassingthru


Yep. I had a friend whose husband fell behind in his child support payments and the state started to garnish HER paycheck for the money. (Tell me again why people get married???)

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A Thinker (Female, Who Cares?, Other Profession) answered:

Screenname: ladywisteria


Depending on the laws of your state, which the majority is the 50/50 husband wife law, you will be paying as well. I know, I have been doing this to my stepson since he was about 3 or 4 and he is now 21 y/o and in college.

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A Thinker (Female, 46-55, Retired) answered:

Screenname: ivoryfresh


No. Your income does not figure into his child support. If he happens to get a raise though, that will affect HIS child support if she decides to take him back to court.

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A Thinker (Female, New York, 56-65, Civil Service) answered:


I was under the belief that whatever debts your spouse has BEFORE marriage is not your legal obligation.

Your best bet is contacting your local family court because they deal with this issue ona daily basis.

And if I were you, I'd have a pre-nup to protect myself from this financial trap, if allowable.

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A Creative (Female, Atlanta, 36-45, Who Cares?) answered:

Screenname: thelovedovefor1


I could be wrong. But, I think your income is only considered in regards to how much he will have to pay. It depends on the total income of your household and the amount of children you two might have together. However, I don't see them garnishing your wages. You are not the one under court order to pay child support. And, regardless of how much love you have for them. They still are not your children. I could be wrong. But, you just have to seek some legal counseling and know your particular state laws regarding this type of situation. Good luck.

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A Rebel (Male, San Jose, 22-25, Internet / New Media) answered:

Screenname: chavis


doubt it

unless you want to think like his money is your money... but thats the wrong way to look at it

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A Career Woman (Female, 29-35, Who Cares?) answered:

Screenname: 1chocolatediva


I think that it depends on your state's laws. Try contacting a lawyer or a paralegal. Either should be able to direct you somewhere that a fee isn't required. I'm sure there are knowledgable lawyers on here as well.

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A Mr. Nice Guy (Male, 46-55) answered:

Screenname: pepperman46


No it is just his income

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A Creative (Female, Philadelphia, 46-55, Managerial) answered:

Screenname: keldog4511


No. The only way that you are involved if you get married is if he does not pay. Then they will come after you.

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