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?
1 Answer from Attorneys
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