Legal Question in Family Law in California

Income from a new spouse cannot be used for calculating child support from another relationship. However, you and your new spouse's tax filing may impact the support as one of the support calculator's vectors. I am making the assumption that the child support order comes from California and not another state.

Ms. Kock is correct. Your income will not be included in the income available to calculate support, but it will affect his taxes which are included in the calculation. There is a chance, but not a certainty, that it will slightly decrease his support if your combined incomes push his income into a higher tax bracket. Since he will have to file a motion to recalculate support, he should consult with an attorney about whether or not the ex could also be ordered to find work, or to have income she could be making included in the calculations.

Both Ms. Kock and Mr. McCormick are correct.

BARRY BESSER

www.besserlaw.com