Is it legal for my ex to pay his second ex-wife more child support?

Full question:

My ex pays his second ex wife at least 10 times the child support for the one child he has with his brief 24 month marriage to her. He does this by letting her live rent free in a 2 million dollar home, and paying all of her expenses through the business. She also gets $2,000 per month and a salary because he is letting her run the business. (cash business,_laundry machines) a business that I started with him 20 years ago. I was married to him for 8 years and only get $500.00 a week to support our 17 year old daughter. Is this legal? Don't both kid's deserve the same support?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: California

Answer:

In California, both parents may be ordered to pay reasonable support for their minor children. The state has established child support guidelines that determine the typical amount owed. If a court deviates from these guidelines, it must provide a written explanation that includes:

  1. The guideline amount that would typically be ordered;
  2. The reasons for the deviation;
  3. How the support ordered serves the child's best interests.

Courts can also require additional expenses, such as extracurricular activities, depending on the parents' financial resources. A higher-income parent is more likely to be ordered to pay these additional costs. If a parent is struggling financially or has a new family, the court may decide that basic support covers these expenses.

Child support can be modified if there is a significant change in circumstances, such as a substantial income change or if a child becomes emancipated. However, property division from a divorce is final and not modifiable. Any request for modification must be in the child's best interest.

If a parent chooses to pay more than the court-ordered amount, this is allowed by law. However, it could affect future modification requests, as it may indicate an increase in the parent's disposable income since the original support amount was set.

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

In general, there is no strict cap on child support payments, as they are determined based on the needs of the child and the financial capabilities of the parents. Courts follow state guidelines that consider factors like income, expenses, and the number of children. If a parent has a high income, they may be ordered to pay more to meet the child's needs. However, any payment must align with the child's best interests and be justified by a court if it deviates from standard guidelines.