Legal Question in Family Law in California

I am divorced and paying child support to my ex-wife. If I get re-married to someone else, can my ex-wife sue me based on my new wife's income for more child support.


Asked on 3/29/10, 4:55 pm

1 Answer from Attorneys

Support cannot be based on anyone's income but your own. However, the support calculator takes into account your taxes before calculating support. Getting remarried may change your taxes enough to warrant an adjustment in support. With the "marriage penalty" in some tax brackets for two-earner households, however, the change may be in your favor if the total taxes on your new combined income causes the tax on your income to go up to a higher rate.

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Answered on 4/04/10, 12:11 am


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