Legal Question in Family Law in California
I pay child support based on income that considered only mine and my ex-wife's income two years ago. My ex has now remarried - does her new husband's income via the marriage count when asking for a modification of child support or will the new amount be recalculated based solely on her and my incomes only, not considering her husband's income or contributions to their household financial situation?
3 Answers from Attorneys
Your ex getting re-married is great for you because it cuts off any further spousal support. You are correct in that your child support obligations continue, and the new husband's income will not factor in these calculations for the dissomaster.
New spouse income is not taken into consideration for determining the amount of child support.
Mr. Tuan and Mr. White are almost but not quite correct. The new spouse's income is not included in the part of the DissoMaster calculation that determines how much gross income is available for support, but it does go into the program because it impacts taxes. An unfortunate weakness of the law is that remarriage to a high earner may be a tremendous boost to that spouse's financial situation, and yet the "marriage penalty" may result in the taxation of the marrying ex-spouse's income to go up, meaning the other ex-spouse pays more.
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