Legal Question in Family Law in California

Re: Child Support

He can ask the court for an award of child support. Whether he will be successful I cannot say without income infomation. The court usually will not consider a new spouse's income, but there are some exceptions to this general rule. Your new husband's wages cannot be attached. In order to go after your new husband's money (i.e. his bank account) your ex will have to obtain a judgment or order determining a past amount due for child support. He can then obtain a writ of execution against your new husband's bank account and empty it out.

Re: Child Support

It is possible that he would owe you money even though the child is with him most of the time. That is more likely than your husband's income being attached or considered for child support. The exceptions where he can go after your husband or even have your husband's earnings considered in calculation child support are very rare. Talk to a family law attorney to get the full story giving him all of the details of your earnings and the time share and your ex's earnings. I suggest that you will sleep better at night if you are aware of the law in this matter. Good Luck, Pat McCrary