Is income of live-in partner used in calculations for child support?
Question:
Ex filed petition for modification of child support. He convinced 18 yr old to live w/ him.He wants to recalculate w/ each of us having 1 of our children. He’s asking that my 18 yrs of part time salary now be imputed to 100%, though in our negotiated contractual Separation Agreement incorporated into Divorce Judgement in 12/2015, we agreed to use my actual salary and I would not get maintenance. Telling the child before he turned 18 that he could move violates our negotiated Separation Agreement, as does the filing of a petition in court before exhausting collaboration. He now lives with his girlfriend he’s been with since 2013. Is she considered a “member of household” for the purposes of determining his available finances? Will the judge require her to submit the same financial info I have to as they are publicly a couple and sharing the home our children visit? Should I notify the court that there is another adult in that household so they may send the forms to her?
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Answer:
Her income will need to be disclosed on your ex’s financial disclosure forms. The court will not contact her or require her to file any information. Her income is not going to be used to calculate child support. You need to consult with an attorney who can review all of your paperwork to determine what your rights are.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Albany Family Law Attorney handling child support matters. This does not consent an attorney client relationship.
