Legal Question in Family Law in California

I'm a non custodial parent and I pay quite alot for child support. The custodial mother has re married and is a stay at home mom. Can I include her new husbands income to re-calculate my child support?


Asked on 11/16/10, 8:10 pm

1 Answer from Attorneys

Yes and no. The new husband's income must be included in the Dissomaster calculation, but it only affects taxation and deductions in order to calculate the spendable income she has, which seems to be none. What you can do, however, is get a find work order or in the alternative imputed income. You cannot just stay home and live off someone else in order to eliminate your income and make an ex pay all the childrens' support. So the courts essentially give you a choice of finding work, or having an order that the amount you could make be used in the support calculations. Also, you don't mention spousal support, but remarriage could end that entirely if there was any.

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Answered on 11/22/10, 9:18 am


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