Legal Question in Family Law in Massachusetts

Does the ex get a piece of the new wife's income

Hi,

I may be marrying someone who has to pay child support - would my income get included as his income and is used in calculating his child support? What if we have children?

Thank you!


Asked on 7/17/08, 2:54 pm

4 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Does the ex get a piece of the new wife's income

No, but her contribution to your living expenses can be taken into consideration, when you complete your financial statement.

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Answered on 7/17/08, 3:11 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Does the ex get a piece of the new wife's income

The court can take your contribution into account to some extent, in that it may lessen the person's expenses. Usually, the court takes into account just the parent's gross income.

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Answered on 7/17/08, 3:45 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Does the ex get a piece of the new wife's income

You are in no way liable for the support of your future husband's children. Normally, your husband will continue to pay support based solely on his income and computed under the Guidelines.

However, if you substantially contribute to the new husband's lifestyle, the income of his that you "free up" is absolutely eligible for child support above and beyond the Guidelines. For example, if you are a successful doctor making a half million a year, and he is a carpenter making 30 thousand a year, it is a fair bet that his child support is going up, in theory right up to every penny he earns pre-tax.

All such cases are fact-driven. Most cases don't have such extreme facts, so most of the time, the court does not fiddle much with child support post-marriage.

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Answered on 7/17/08, 5:04 pm

Re: Does the ex get a piece of the new wife's income

No but if you contribute to her ex-husbands life style then the money you free up would be eligible for child support.

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Answered on 7/17/08, 5:21 pm


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