Legal Question in Family Law in Maryland

Your income can not be considered if the ex-wife attempts to modify child support. In addition, his alimony obligation cannot be modified upward based on your income. I would highly recommend entering into a prenuptial agreement regardless.

Child support and alimony is based on your prospective husband's income, not yours. Two caveats, though. If he voluntarily reduces his income because he doesn't need to work so hard now that he has your income, the court can calculate his support obligation based on what he is capable of earning, rather than what he is actually earning. In addition, there is Maryland case law (principally Petrini v. Petrini) standing for the position that if someone else pays a portion of your husband's living expenses the third party's contribution can be considered income to him. For example, let's say you have a nice house and your future husband simply moves in with you, but he does not contribute toward your mortgage or rent. The Petrini case says that the fair rental value of the house that he is NOT paying can be treated as income to him for support purposes. That still doesn't put your income into play, but it could result in him having to pay support based on something more than his actual income.