I am a stay at home parent and my husband supports our family. My ex-husband is paying child support for our 3 children based on my income or the state poverty level since there is none. Is it possible to get the court to consider my spouse's income as well in order to increase support?
Is your income set at zero as the child support guidelines were calculated when support was ordered? If so support would probably go down, not up if your spouse's income were considered.
For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.
Criminal Defense Attorney
If you have custody and your x is ordered to pay support based on you having the poverty guideline being imputed then your new husband's income is irrelevant. If you filed for an increase in support then your spouses income may (most likely wouldn't) cause the child support order to go down. Your post isn't real clear though.
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner