Legal Question in Family Law in California
My ex-husband owes over $320,000 child support arrears (17 years of back child support for 3 kids that are now grown) He is remarried & has a 7 year old child with his wife. He is claiming he only works 30 hrs per wk and wants to modify his child support order. His wife works full time. Would she be liable for any part of the child support? Live in California
2 Answers from Attorneys
No, you cannot take a new spouse's income to pay to support your and your ex's children. Her income only comes into play to the extent it impacts his taxes and deductions.
If your children are grown you will not modify child support. The obligation to support your children terminated when they turned 18, unless they were still enrolled in High School. He only owes unpaid child support. His wife's income is irrelevant, except for collection measures that you take to collect. This answer assumes that you had an actual child support order in place.
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