Legal Question in Family Law in California
In my last marriage, I cashed out my retirement account to make the down payment on our house and paid the mortgage for 8 years. In our divorce settlement, I signed the house to her, provided health insurance for my 2 kids and declined alimony in the divorce agreement (she made double my salary) in exchange for paying child support. Now that I remarried, she wants to sue me for child support even though my job is very slow. Is my unemployment payment considered for determining income towards possible child support and can she come after my new wife's income?
1 Answer from Attorneys
Yes, unemployment, can be used to calculate support. Your new wife's income is not used to determine child support, other than in the limited scope of determining your tax obligations (i.e., whether her income throws you into a higher tax bracket and therefore paying more taxes - this could result in lower child support).
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