Legal Question in Family Law in California
Is a new spouses income considered?
Is a new spouses income considered when calculating support modifications? I live in California and was told that there is a fairly new law in effect that says you can not include a new spouses income but, I have since read other material that indicates otherwise.
2 Answers from Attorneys
Re: Is a new spouses income considered?
New spouse income is considered, for the paying spouse, to the extent that it changes the amount of income taxes paid by the payor spouse.
That is the new spouse income is entered into the computer for the determination of taxes paid only.
Child support payments are not based on the total of the payor's income plus some portion or all of the new spouse income. If the new spouse income results in the payment of higher taxes then support is reduced. If the use of new spouse income results in lower taxes being paid, the child support amount goes up.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
Re: Is a new spouses income considered?
New mate income is not considered except in "extraordinary circumstances". Prime example: the new mate income is sufficient to allow the party to have no income at all.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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