Legal Question in Family Law in California
Is a new spouses income calculated into the amount a parent is required to pay for child support? Also what is the benefit of a 50/50 agreement vs. a 70/30?
2 Answers from Attorneys
Child support is calculated by a mandatory formula. The factors of the formula are the net after tax income of each of the parents and the time that the child spends with each parent. A new spouse's income is used to calculate the after tax in come of the parent, that is the tax status, such as Single or Married. Many times a new spouse income will decrease that amount of child support paid by one of the parents. It would be a good idea to get a consultation with an attorney who can go over the factors with you. Good Luck, Pat McCrary
The answer is "no." The new spouse's income is not included in the calculation. Mr. McCrary is correct, however, that it does impact the tax aspects of the calculation, but is all.
As for the benefit of a 50/50 versus 70/30, that cannot be answered in the abstract. Benefit to whom? In what way?
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