Legal Question in Family Law in Maryland
Child Support
In the state of Maryland can a second wife's income be part of a child support judgement for the first wife.
3 Answers from Attorneys
Re: Child Support
No. Only the income of each parent of the child, not the income of any other family member, is considered in establishing a child support obligation.
Re: Child Support
Generally, no. The second wife has no responsibility for supporting stepchildren. Her income would not be included in the guidelines that are used to determine the amount of support. However, if the parents' joint income exceeds the guideline cap of $10000/mo, the judge has more discretion in determining the respective amounts of child support that each parent will be required to pay. In those circumstances, the judge could consider the father's own living expenses, and if they are being covered significantly by the second wife, his contribution for support might be increased. So in that sense, the second wife's income does factor into the equation indirectly.
Re: Child Support
If the collective income of both biological parents is below $10,000 per month, then the second wife's income is not
likely to be instrumental with modifying a child support order. Moreover, you need to show a material change in circumstance
before your request for modifying support will be heard, see my responses to other questions posed by others on LawGuru. Nonetheless, if you can show that
the second wife is footing the cost of his living expenses, this would be a material change in circumstance and may provide a basis for modifying the support order but
you would have to prove that she is supporting his living expenses.
G. Joseph Holthaus
(410) 799-9002