Legal Question in Family Law in California

I am divorced in California. I have two children, and have 75% custody. My ex pays apx $2200 for child support AND $2700 for spousal support. Under the terms of our agreement, he will pay these amounts until I am done with school and employeed full-time in my new profession OR until I get remarried. If I remarry he will be under no obligation to pay the spousal support. I would like to know if he can terminate the spousal support if I were to co-habitate with my boyfriend. I would also like to know if I do decide to get married, would my new husband's income be used to calculate my ex's child support amount.

Thank you!


Asked on 4/28/10, 7:47 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I wouldn't be able to answer the question about cohabitation unless I read the agreement you refer to. It sounds like a marriage settlement agreement that has been incorporated into a judgment. I have no idea whether or not there is a clause in that agreement concerning your cohabitation. (Although they are standard.)

The answer to your second question is yes. Assuming that one of the parties filed a motion to modify child support, your new husband's income would be a factor in calculating child support.

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Answered on 5/03/10, 10:21 am

Roach's answers are correct but probably misleading. First, he is correct that if your MSA and/or judgment addresses cohabitation, that would govern the results. If it does not, however, then the question is whether the court reserved jurisdiction to modify spousal support. Again that would be in the MSA/judgment. If the court reserved jurisdiction, spousal support would not be cut-off, but your ex would have the right to have the amount re-calculated based on the change in your financial circumstances.

As for child support, while technically correct that your new spouse's income would "be a factor" it would be a modest factor. New spouses are obligated to support you, which is why spousal support ends on remarriage, but they are not obligated to support your children. That remains between you and your ex to take care of. So an new spouse's income is NOT included in the child support calculations. Remarriage and a new spouse's income WILL, however, "be a factor" in such things as income taxes and other deductions that DissoMaster makes before calculating your income for child support purposes.

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Answered on 5/03/10, 10:48 am


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