Question:

My ex claims my child every year on her taxes and remarried over a year ago to someone who makes five times my income.

Would the court consider the new husband’s income as well as my ex-wife’s if I were to seek a modification of child support?

Answer:

In South Carolina, child support is based on the gross monthly incomes of both parties, and credit is given for other support obligation (such as alimony, other children in the home, other child support obligations, health insurance for the children at issue, daycare costs, etc.).

Typically, if an ex-spouse remarries, the ex-spouse’s new husband or wife’s income is not considered since the child at issue is not the new spouse’s child.

However, your ex-spouse’s change in income could be a ground for modification of child support.

South Carolina requires that a substantial change in circumstances be shown for a modification of child support if it relates to the factors considered in a child support calculation.

An increase in your ex-spouse’s income is a factor that could be considered for a modification of your child support obligation.

As far as the tax exemptions, I am not a tax specialist and I cannot give tax advice. In South Carolina, the primary custodian usually claims the minor children as exemptions unless there is an agreement between the parties or court an order that states otherwise.

Again, I would encourage you to contact a Cordell & Cordell attorney in your jurisdiction to give you further advice on the specifics of your case.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including South Carolina divorce lawyer Kathryn Martin, contact Cordell & Cordell.