Legal Question in Family Law in California
Child support and re-marriage
When both parents re-marry, are the new spouses incomes taken into consideration regardng both the amount that can
be paid as well as the amount that can be received?
I have 2 children, ages 15 and 11 and have been receiving child support for 5 years based on a 13 yr. marriage. He has re-married but I have not found it necessary for an increase until now. However, I have just recently become engaged. Are spouses incomes considered on both sides?
1 Answer from Attorneys
Re: Child support and re-marriage
Child support is based upon net income of both parents, that is after tax income. When one of the parents marry, often their net income goes down because they are placed in a higher tax bracket. (i.e. the marriage penalty) Therefore, the marriage of the payor often decreases the child support and the marriage of the payee often increases child support. It is backward from logic, however, that is the formula. Good Luck, Pat McCrary
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