Legal Question in Family Law in California
Im getting married in july.i pay child support for 2 children from a past marriage.will my new spouse have to pay my child support?
2 Answers from Attorneys
No, unless you fall into arrears and it goes into collection, and any of her income or assets are in joint accounts. The income of the new spouse is not used to recalculate the amount of income for support either, except to the extent the new income affects YOUR tax deductions. If you are in the "marriage penalty" tax brackets, that could actually slightly reduce your support owed, if you request a recalculation.
I agree with Mr. McCormick. We get this question a lot. The best advice is for your new spouse to put her earnings in a separate account in which you do not have withdrawal rights. Otherwise all of your separate property and community property with your new spouse are subject to levy to satisfy unpaid child support.