If I get remarried will the court consider my new wife's income when determining child support?

Full question:

I have been paying child support for 8 years for a daughter I'm not sure is mine. I would like to get DNA testing to know if she is mine. Is it too late? Depending on outcome I would like to either a. stop paying, or b. get visitation. 2. If I get married, will the court take into consideration my new wife's income in establishing amount of child support?

  • Category: Paternity
  • Date:
  • State: Pennsylvania

Answer:

In Pennsylvania, a paternity action must be brought within 18 years of the child's birth. If the child resides in another state, another state's laws may apply.


If a person is receiving child support and the ex-spouse has a child in the new marriage, that event could reduce the child support payments because the court takes into account the best interests of all children. If an ex-spouse pays child support, and his new spouse's income is available to help pay his living expenses, it may be possible to get an increase in child support on the principle that he now has a greater share of personal income available for his own use.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Without a DNA test, paternity can sometimes be established through legal documents like birth certificates, marriage records, or acknowledgment of paternity forms. Additionally, factors such as the child's resemblance to you, your relationship with the mother, and any statements made by the mother regarding paternity may also play a role. However, the most definitive way to confirm paternity is through DNA testing.