Legal Question in Family Law in California
Hi I live in California. My child currently lives primarily with his father 65%. His father makes $0.00 and is requesting guideline support of roughly $400 from me. His wife makes over $8000.00 a month which is 3 times more than what I make. His wife's income is on the income and expense declaration and is the primary means of income for them. Will the court factor her income into calculating support?
1 Answer from Attorneys
No. New spouse income must be reported because it impacts taxes and deductions, but it is not included in income available for child support. He is obligated by law, however to work to support his children if he can work. If he elects not to work the court can't force him to work, but it can give him the choice between 1. a find work order which will place him in contempt of court if he doesn't work or demonstrate he is trying to find work, or 2. Having what he could make imputed as his income and support calculated as if he is actually earning that money. If he chooses #2 presumably he will have to pay it out of his new wife's income.
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