Originally Posted by
stockguy3
I have two step kids and my wife has a deadbeat ex who has failed to pay support. I have not adopted the kids.
I have no interest to pay for their college education for a number of reasons but primarily they are recent high school grad and a sophomore in high school. My wife and I got married a year ago.
I have intentionally not paid her house pmt or any of her bills. I give her a period check for household expenses. My income goes into my checking account and she has a separate account for her job. She did add me to her checking account, but I have not written any checks.
We have separate real estate loans that we each pay. We have not joint debt other than adding her to one credit card that I consider mine.
I want to determine if my income and assets will be used in anyway to affect the amount of student aid if the kids go to college. I don't want to be liable for their college expenses and I don't particularly want my income considered in the college financial aid calculations.
Should we have some type of a post nuptuial agreement or some written agreement regarding our income and expenses that could be presented for financial support calcuations.
What is the best way to protect my income from being included in college support or even if her ex spouse wanted to consider my income to reduce chidl support. I'd rather not be drawn into the child support reduction if the ex proposes a reduction based upon my income.
1.
Student Aid: You have to check with the student aid folks about how your income factors into the elegibility of one of the kids for student aid. There's nothing in the Family Code about that. There probably are some kinds of state educational regulations on that narrow question (maybe something in the Educational Code, I don't know). It's really not a family law matter or one most family law attorneys could answer. Again, check with the student aid folks at the college. They're the ones who are really in the know about those kinds of things.
2.
Liability for College Expenses: A parent (or step-parent) is not liable for a child's college expenese in California. Simple as that.
3.
College Support: There is no such thing as
college support in California. This was debated in the legislature many times in the past and consistently rejected. Again, this cannot be ordered. The parties have to specifically agree to it and make it part of a divorce decree for it to exist (I've never seen such an agreement in a divorce decree and have to imagine they are pretty rare).
4.
Can your income be used to reduce child support your wife receives? If you make more than your wife and file a joint return her child support will INCREASE (not go down). Your income is excluded from hers in calculating support but the tax effect is considered. If you have no income and she works and you file a joint return, her support will go down. If you insist in having nothing to do with your wife's child support issue, you'll have to file married separate. Then there will be no tax effect.