If I’m in a relationship and am getting ready to get married, how can I stop my kid’s mother from trying to get money from my future wife’s income because I pay child support?

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If I’m in a relationship and am getting ready to get married, how can I stop my kid’s mother from trying to get money from my future wife’s income because I pay child support?

Asked on January 3, 2013 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your future wife is not responsible for the support of your children.  Her income will not be included in the calculation of child support.  The only time that her income will be counted as your income is when it is joint income.  For example, if you and your new wife invest together and regularly get income from those investments, then the income generated and reported on your taxes could be included in the calculation of income for support purposes. 

To protect your wife's earnings from being considered your earnings, you should consider separate accounts:  her paycheck in one and yours in another.  This will make it easier to show a judge which funds are directly related to your income. 

You can't really stop your ex-wife from filing a motion, but you can prepare your defense in advance-- which is being able to clearly show your income versus your new wife's income. 


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