Does My New Spouse's Income Matter In Child Support Calculation?

NO. New spouse income “ shall not” be considered in fixing child support except in specified extraordinary circumstances. [Fam.C. § 4057.5(a) & (b)]
In fact, the new mate income may help the payor of child support because it has an indirect effect on taxes and may put you into a higher tax bracket.

Fam. Code, § 4057.5 states

“The income of the obligor parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse or nonmarital partner.”

If you have questions regarding new spouse income and its effect on the child support calculation, please contact our office for a free initial consultation.

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