Legal Question in Family Law in California

New spouse income - extradinary circumstance?

My ex-husband was an engineer and made $75K per year. He is now a realtor but apparantely NEVER sells any property because he hasn't paid child support in over a year and is $13,000 in arrears. His wife is an executive and makes $80K per year so his lifestyle isn't hurting a bit. They purchased a $800,000 home, travel, host lavish parties but everything is in her name and he claims he isn't making much and that she pays for everything. She apparantly pays all his bills EXCEPT his child support. I've heard new spouse income isn't considered unless there are extraordinary circumstances. He's found a way to avoid paying support and she is only too willing to support him and help him avoid support. Do you think this qualifies as extraordinary circumstance and that I have a shot at getting a judge to consider her income when ordering child support?


Asked on 8/29/05, 11:59 am

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: New spouse income - extradinary circumstance?

In a genaral sense, I do not agree with the approach that you are suggesting. He may have a community property interest in and to his wife's income and possibly the assets that she acquires from those earnings. The court can impute income to your former husband depending upon the particulars.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 8/29/05, 12:22 pm


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