[amp13]

When my husband divorced his first wife, she was awarded spousal support of $400 a month for 44 months and $400 for child support (one child.) This was based on her making $45,000 a year, while he made $86,000 a year.

She had three children from a previous marriage, receiving child support for them. Shortly after the divorce, she left her job as a real estate agent and began a string of part-time jobs because she disliked working full-time. Then, one of her children entered college and she lost some of the child support. Another is due to graduate in June. So, she recently left her part-time job (where she was making $22,000 a year) for a full-time job.

My husband just notified her that her spousal support ends in three months. She has threatened to seek child support modification because she makes less in her job now than when they divorced (although it was her choice to leave the higher paying job) and because he remarried, giving him a two-income household. Although they share custody, my husband is considered the primary care giver (per his divorce agreement.) They have a 50.01/49.99 percent split, although frequently his ex-wife has asked us to take bonus days. Furthermore, we have assumed all medical and dental expenses, as well as most school expense for my stepdaughter (even though the divorce agreement calls for an even split.) We also have started a college fund for my stepdaughter.

Is his ex-wife entitled to more child support because she chose to take a lower-paying job and has lost some child support because one of her children is emancipated (she kicked this daughter out and assumes no financial responsibility for her)? Will my salary factor into the child support scenario? Is the money we're setting aside for my stepdaughter's college fund deducted from the income used to determine child support? (If it matters, we live in California.)

Thank you for taking the time to address my questions.

[s_cianci]

Generally, if she chose to take a lower-paying job, then no, she wouldn't be entitled to a modification of the child-support order. If she lost her job due to circumstances beyond her control, that might be a different story. Furthermore, if anything, the fact that one of the children is now emancipated would result in a reduction of child support, not an increase. As for your salary, it will not factor into the child support scenario since you have no legal obligation to support his kids. The only way it would factor in is if the two of you have any children together and he tries to take a credit due to the obligation of supporting those children, whom you would also be legally obligated to support. Be sure to document any and all expense money you've set aside for or given to your stepdaughter for her college expenses above and beyond the child support paid as that could be a factor in your husband's favor.