Legal Question in Family Law in California
Spousal support
If an individual is paying spousal support and remarries, are the new spouse's wages also taken into consideration?
3 Answers from Attorneys
Re: Spousal support
Generally speaking, no.
Re: Spousal support
The new spouse income would be considered only as to the extent that it affects the payor's after tax income.
Re: Spousal support
Dear Inquirer:
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The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Spousal support is based upon "need" and "ability to pay." For details see: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4325
I would argue that "new spouse income" affects ability to pay.
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