I am going to ask a honest and sincere question. I am engaged to be married to my boyfriend. We reside in Pennsylvania and so does his ex. They have two children that he is paying child support for. We also have a child together. His ex still wants to be with him and is very spiteful. She keeps threatening him that she will go for an increase and nothing has change in his or her life to cause a change. I know as soon as we get married, she will go for an increase in support. I make more money than he does, and he makes more than she does. I believe in Pennsylvania that the spouse income is considered in factoring child support payments. So does that mean I end up with all the bills while he gives more of his income to child support? Am I going to be responsible to hold up a home, while majority of his money go to child support? Isn't he obligated to take care of the child we have also, and as well as any other kids we may have? I do not condone him taking care of his kids with his ex but my income needs to be my income. Am I right or wrong? I am in school, paying off my car note, getting ready to buy a house, taking care of our daughter, helping my mother out, and have my personal bills to maintain. What happens if we get married in another state that does not factor the new spouse's income? What would happen here in Pennsylvania? My boyfriend's ex reside in Pennsylvania. To be honest, my daughter is my boyfriend's second child. Please give me insights on how the child support laws work for new spouse. They were never married.

From everything I have ever heard only his income is included.
He should have an increase in his income for her to be able to get it changed.
Even though they were never married it doesn't make any difference on child support

Also has he filed for joint custody. If he wants to see his kids and she is spiteful he really should file for joint custody through the court.

I live in CA and I'm not sure about PA law, but CA is considered a community property state meaning that any money in the household is collective and that all is considered in the scheme of things when child support is granted. Better check with a lawyer.

He is in the process for the joint custody. She chooses when she wants him to see the kids and she doesn't want her kids at my house. I read up on http://www.ocse.acf.hhs.gov/ext/irg/...lectastate.cfm that in Pennsylvania, the spouse's income is looked into for child support payments. He was trying to get a better paying job to have extra money to help with our daughter, and living expenses when we move into a house but is that money just going to go to child support?

I have never heard that a spouses income is included in Pa. BUT if you do joint income tax returns it could be held against you. I am trying to find an 800 number that you could call.

This is what I found this on a few websites so far

Family Law Practice

Pennsylvania Child Support & Paternity Issues

September, 2005 - Announcement of Revised Pennsylvania Child Support Guidelines

In September 2005, revisions to the Pennsylvania Child Support Guidelines were approved by the Pennsylvania Supreme Court. In most scenarios, the revisions to the Pennsylvania Child Support Guidelines will result in a decrease in the amount of support that a defendant will be obligated to pay to the plaintiff. The revisions will be applied to any new support cases heard by the courts after January 1, 2006. With regard to existing support orders, if the defendant wishes to take advantage of the revisions, he or she must request and attend a hearing for modification of the prior support order.

How is Income Defined in PA Support Cases?

Income for Pennsylvania support purposes includes such things as wages, salaries, overtime pay, commissions, bonuses, interest, rental income, retirement income, Social Security retirement or disability payments, workers compensation, unemployment compensation, income from an interest in a business, entitlements to lump sum awards such as lottery winnings and any other sources of income. If a person does not have any income, but is capable of working, the parent may be assessed with an earning capacity. Rather than using gross or before tax income, the Pennsylvania courts use the monthly net, or after tax, incomes of each parent. Net income for support purposes is oftentimes different than the amount of money received in a parent's paycheck or what is listed on the parent's tax returns. For Pennsylvania support purposes, net income is defined as gross income minus actual federal, state, and local income taxes, union dues, non-voluntary retirement payments, F.I.C.A. payments, and alimony payments paid to the other party.

I looked this one up and it DOES say that a new spouse's income can effect child support.

She would have to show a "change of circumstances". Mostly that there is a substantial change in wages/income.
Now, I don't know if you two were to keep things separate, i.e.. tax returns and bank accounts, if that is your loop hole here.

Also, if she gets remarried - you/he could take her back to court to lower the payments.

You really need to contact a lawyer for hard answers. Most offer free consultations and they can be very informative.


This is where I found my info.

Pennsylvania Child Support Law

What county are you in?
You could check with your counties domestic relations or family court

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Originally Posted by Pennsylvania08

I am going to ask a honest and sincere question. I am engaged to be married to my boyfriend. We reside in pennsylvania and so does his ex. They have two children that he is paying child support for. We also have a child together. His ex still wants to be with him and is very spiteful. She keeps threatening him that she will go for an increase and nothing has change in his or her life to cause a change. I know as soon as we get married, she will go for an increase in support. I make more money than he does, and he makes more than she does. I believe in pennsylvania that the spouse income is considered in factoring child support payments. So does that mean I end up with all the bills while he gives more of his income to child support? Am i going to be responsible to hold up a home, while majority of his money go to child support? Isn't he obligated to take care of the child we have also, and as well as any other kids we may have? I do not condone him taking care of his kids with his ex but my income needs to be my income. am i right or wrong? I am in school, paying off my car note, getting ready to buy a house, taking care of our daughter, helping my mother out, and have my personal bills to maintain. What happens if we get married in another state that does not factor the new spouse's income? What would happen here in pennsylvania? My boyfriend's ex reside in pennsylvania. To be honest, my daughter is my boyfriend's second child. Please give me insights on how the child support laws work for new spouse. They were never married.

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Ok - here's Pennsylvania Law: "Child support is based on the Ability of the Noncustodial Parent to Pay. The court is limited in awarding child support by the ability of a parent to pay based on income from all sources, often including a new spouse's earnings."

The EXPENSES of the new spouse are subtracted from the INCOME of the new spouse - the family income is husband's and wife's less expenses of both.

Taking care of your daughter is, of course, an expense; taking care of your mother may or may not be an expense.

Where you get married is meaningless - you are either married in the eyes of Pennsylvania or you or not. If you enter in a valid marriage anywhere PA considers you to be married and your income is included.

The fact that your boyfriend was never married has nothing to do the requirement that he support his child or children.

The Courts also consider support of the children in the order in which the children were born. For example, just making up figures as I go along - if the Court orders 20% of the family income to child #1 it would be a straight 20%; the second child would get 20% of the total family income AFTER the support for child #1 is subtracted; and so forth.

Some States ARE looking into "second family, live in" situations, a partner's income when making child support orders but so far there is a lot of opposition (to say nothing of the burden of proof) and I don't see this happening for quite some time.

No wonder so many are just living together without marriage
And according to Some States ARE looking into "second family, live in" situations, a partner's income when making child support orders but so far there is a lot of opposition (to say nothing of the burden of proof) and I don't see this happening for quite some time.

I take it that is why Pittsburgh Pa is considering letting live in couples to register with the city/county so the couples can share benefits... nice enticement to later hold against the partner to go after their income towards child support.

No I wasn't saying that because they were not married it should be a difference as far as him supporting their children. I was just giving you all the basics about the situation. The site I checked with was from June or July of this year. I am just concerned because I do not want to jeopardize my finances. The custodial parent and noncustodial parent are the only two people whose incomes need to be considered, in my eyes. People have told me from personal experience that the spouse's income is considered. You guys please help me with info as much as you can. I am afraid to even have more kids. I feel as if I will be responsible for taking care of my kids alone. Now will my daughter or children(if I had anymore) even be considered when calculating my boyfriend's child support with his ex? Isn't he responsible for taking care of all his kids equally?

My boyfriend and I reside in philadelphia county and his ex reside in Delaware county

I was wondering what the form is called to have my taxes separate if I was married to someone paying child support. I have my own bank account separate. I am looking to buy a home prior to marriage, in my name. What about prenups? You all are so helpful to me with positive feedbacks. I thank you dearly. Everyone else judges me negatively with this decision.

I have looked everywhere and could not find anything stating specifically that the new wife's income IS counted but I do know that arrears can be taken from the tax return and paid directly to child support that is why I said about filing jointly or even having a joint bank acct.
I think your best bet if we can not come up with the answer is to call your local family court and ask.
I will try again to find something out.

May or may not be relevant: my boyfriend does not have a car. His ex just bought a new car with her income tax from the two kids. She refuses for him to claim 1 child every other year. She lives with her parents. She refuses for him to pick the kids up from school/daycare and drop them off there. He is getting legal aid to help with that. She refuses to agree to a contract between them 2. I guess he needs to got to court for custody issues. She hates me because he and I have a child together, well we are together. She threatens him for modifications every time she gets mad. Just a crazy situation. What do I do?

I will contact Delaware county family court. When I emailed philadelphia family court, they said the spouse's income is not considered. His ex lives in Delaware county though, so I will contact that office. I do and will have all my accounts, cars, home in my name. I want a house before marriage, in my name.

Custody/visitations are different and basically separate from child support.
He should go about joint custody/visitation orders and keep going back when she does not follow the court order as it states.

You really can't do anything other than try to ignore her and all your boyfriend can do is go to court to settle the custody issues. He needs to go to court about the joint custody/visitation orders.
And IF and when she takes him to court for increased support he is pretty much at the mercy of whatever the Judge says.

I just called the Delaware county domestic relations office and I was told that if the ex goes for modification, the court will only look at my boyfriend's income, even if we are married. The lady said because I have no responsibility for children he has with someone else.

Exactly what I would think especially when another post GV70 said that the NEW husband could go after the real father for the money he paid to support the kids when they were not his.

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Originally Posted by Pennsylvania08

I was wondering what the form is called to have my taxes separate if i was married to someone paying child support. I have my own bank account separate. I am looking to buy a home prior to marriage, in my name. What about prenups? you all are so helpful to me with positive feedbacks. I thank you dearly. Everyone else judges me negatively with this decision.

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Your taxes do not matter - I posted the law. When it comes to support it's if you're married or not, not how you file or pay taxes, not who owns what. That is right from the Child Support website.

It's family income, no more, no less. Doesn't matter what he owns, what you own, what you own together, what bank accounts are in what names, who owns what house.

A prenup would not change your family income IF YOU ARE MARRIED and it's all about the family income.

Quote:

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Originally Posted by Pennsylvania08

I just called the delaware county domestic relations office and i was told that if the ex goes for modification, the court will only look at my boyfriend's income, even if we are married. the lady said because i have no responsibility for children he has with someone else.

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Then I would go right to a lawyer because the information off the website. Also - it's the Judge who makes these decisions. Maybe this woman knows what she's talking about, maybe she doesn't. I cut and pasted the law as it's posted.

The way I understand it - you do not have to support his children, that's correct BUT if you are, in fact, supporting HIM through family income he has more money to support the children.

Again - consult with an Attorney. Don't take legal advice from a clerk or for that matter, from a public board. For everyone of us - and there are more than a few Attorneys and paraprofessionals posting - who has had one experience, someone else has had another!