Oceanside, CA asked in Divorce for California

Q: Divorced w/ 2 kids, paying child support, getting remarried. New spouse's income considered if CS revision is filed?

Active duty military divorced in AL, but stationed in CA. I get $ for housing, but will be moving by the end of this year to a place where my housing allowance will substantially reduce, thus triggering the need for a CS recalculation. Will my new spouse's income be factored in with my income for CS recalculation?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It depends on where the court is that will be doing the CS recalculation. I assume this is the Alabama court. You should repost this in the Alabama forum. If the CS recalculation was being done in CA, the answer is generally no. CA Family Code 4057 says that for the purposes of computing child support, the income of a parent's subsequent spouse is not to be considered. However, one big exception is that if failing to include the new spouse's income results in a hardship for the kids, then the new spouse's income will be included. Such a situation might be that the parent marries someone very rich and the parent stops working.

Andy

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