Legal Question in Family Law in California
Can a new mate's income be taken into consideration for adjusting child support? How?
Asked on 9/19/11, 9:04 pm
3 Answers from Attorneys
Arlene Kock
Law Offices of Arlene D. Kock APLC
Your new spouse is not obligated to support your child. Your income available for support may be impacted by the tax filing you utilize with your new spouse.
Answered on 9/20/11, 7:42 am
First off, the new mate must be married to you for it to have any impact. A new spouse's income is taken into consideration in order to correctly estimate taxes and deductions only. Child support is based on a formula that comes up with a net spendable income figure. Your spouse's income does not get counted in the net spendable income, but it does affect things that affect your net, such as tax rates, deductions, insurance, etc. So it is taken into consideration for those limited purposes.
Answered on 9/20/11, 11:39 am