I have an OSC for child support coming up, does the fact that my ex got recently married change the picture, meaning does the fact that my ex has a new wife with supporting income become a component on whether he can afford child support payments?
The new spouse's income cannot be utilized to either modify upward and/or downward child support obligations. California statutes and case law in California have previoulsy determined such positions. However, it is highly recommend that you focus your attention on father's income, and have presuasive argument should father be receiving additional support from wife, thereby minizing his expenses. It would require discovery, and a local attorney in your area may be able to assist you.
Child support can increase a little if you ex's tax filing status has changed. If he was filing single and is now married filing jointly, he will pay less in taxes. Lower taxes means more money available for support and thus a small increase in support.
Michael is in San Jose, California and can be reached at 408-295-4232 or at email@example.com. Consultation... more
Michael is in San Jose, California and can be reached at 408-295-4232 or at firstname.lastname@example.org. Consultation fees, rates and retainers vary based on need and ability to pay.
His getting married will affect the support calculation to the extent his new wife's income places him in a higher tax bracket and because it may change his tax filing status and the number of exemptions he is able to claim. However he will not be able to successfully argue that because he has a new family he can not afford to pay support
I concur with Mr. Lavi only to add that if your ex husband is working less because his wife has an unusually high income that could affect child support. It's also worth mentioning that, if he is living with his wife, then it makes sense that his expenses are less and the court will see that as a factor.