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?


Asked on 5/09/03, 2:43 pm

3 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Spousal support

Generally speaking, no.

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Answered on 5/09/03, 3:23 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Spousal support

The new spouse income would be considered only as to the extent that it affects the payor's after tax income.

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Answered on 5/10/03, 1:20 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Spousal support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

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.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/12/03, 11:48 pm


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