Legal Question in Family Law in California

Re: Is child support recalculated when the spouse remarries

New mate income is prohibited by law to be considered in child or spousal support "except in extraordinary circumstances". The usual extraordinary circumstance is where the new mate income is so high that the party-spouse is able to deliberately depress his/her own income. Another possible area it might apply is where a party-spouse has been making a hardship claim related to child support; the new mate income could be considered in eliminating that hardship claim.

Re: Is child support recalculated when the spouse remarries

Yes and no. The new spouses' income is only taken into consideration in so far as it effects the taxes of the parent. Usually, the new spouses' income will not have an effect on child support.