Legal Question in Family Law in California

remarriages and child support

my husband pays child support to his x. the x does not work and is supported by her present husband. the child in question is 11 yrs old and has expressed a desire to move in with 'us'.

if/when we persue child support compensation, considering the bio mother does not work...is the new husband's income taken into consideration; if so, to what extent???

from what I can tell, no other queries address this issue.

any info appreciated

thanks


Asked on 6/08/01, 9:38 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: remarriages and child support

If your husband's ex has an ability to earn a living the judge will impute to her earnings according to her ability. He may consider the income of the husband, but will consider all circumstances concerning her ability to earn. It will be your responsibility to prove that she has an ability to earn and what those earning should be. You need to inform the court of her education, skills and work experience. Good Luck, Pat McCrary

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Answered on 6/28/01, 7:53 pm


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