Legal Question in Family Law in Texas
Child support
When divorce is final and both parties remarry,can the new spouse's income be used to detrime child support,during a motion to modify the exsiting divorce decree.Ex wife claims to be house wife with no income.
Asked on 5/09/00, 11:22 pm
1 Answer from Attorneys
Bob Leonard
Bob Leonard Law Group, PLLC
Re: Child support
There are two issues here. First, you cannot use the income of a new spouse to set child support (Texas Family Code, Section 154.069)
Second, the test is NOT only actual income, but also "deemed income" (assumed for assets that do not produce income) and, if the court finds that the obligor is intentionally unemployed or underemployed, "earning potential". Also, if there is no evidence of income, the court should presume it to be the minimum wage.
Answered on 6/28/00, 9:36 am
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