Indianapolis, IN asked in Family Law and Child Support for Indiana

Q: Can my new wife's income be considered for child support?

I have divorced the mother of my daughter and am paying support to her. I have remarried. We have no mortgage and I support my share of living expenses. Can my new wife's income be considered if my ex tries to have the support recalculated?

One more question: If I lose my job, can my new wife's income be considered then, if my unemployment income still provides for my share of the expenses, including the current support?

We all live in Indiana.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes, it can. The remarriage itself will not affect the amount of child support you pay, however, the court can use your wife's income to impute that you have more available income for child support, since your wife's income will theoretically be used to pay for some of your living expenses.

The answer is also yes to your second question. However, if you are unemployed and have experienced a substantial change in your circumstances it may be wise to go back to court to request a change in the amount of child support that you pay.

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