Legal Question in Family Law in Washington
I currently pay child support to the state of Washington and accordingly to my ex-wife who lives in the state of Washington. I have since re-married and now live in Northern California and am wondering if my ex-wife can take me back to court to request more support because my new wife makes $60,000 a year and a lot more money than I do. My current wife is a California resident and she told me that they cannot take her income into account unless there is a harship but couldn't we then just apply for full custody? Thank you for your time.
1 Answer from Attorneys
The only time that your new wife's income would be considered would be in looking at the needs question (i.e. your level of of resources available and needed by you to survive). For actual calculation of your support it is not used. As to applying for "full custody," that is an expression that has no clear meaning under Washington law, so I really can't answer the question as written (you would need to define "full custody" or ask the question using the language of Washington State law relating to parenting plans, decision-making and residential time).
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