Legal Question in Family Law in Wisconsin

Child support after second marrige

I was wondering if my ex-wife is entitled to 25% of my new spouse's income for my child support, or is she only entitled to the income I make?


Asked on 3/04/99, 11:32 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Child support after second marrige

Under Massachusetts law, your new wife has no obligation to your previous spouse, but you should check the law in your state. It may differ. There is a caveat, however.

Massachusetts' courts also believe, "It may be

that because of his second marriage

(the husband) will suffer some financial hardship,

but the short answer to that is that he must

have entered into the second marriage conscious

of his obligations to his former wife (and

children) so that the second marriage with

its attendant obligations affords

him no relief." O'Brien v. O'Brien, 325 Mass. 573, 576,578,591 (1950)

So be careful how many kids you have with Wife #2. Your primary obligations remains with the first family.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane


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Answered on 3/05/99, 3:07 pm


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