Does your current spouses income get included for a court appointed attorney if the custody is not his child?

If I am remarried, are they taking into account his income even though he has his own children with me or does it go by the biological parents income (mine and my ex's)
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the "assistance of counsel" for the accused "in all criminal prosecutions." This means that a criminal defendant has a constitutional right to be represented by a lawyer during trial not a custody attorney.

Gideon v. Wainwright, 372 U.S. 335 (1963), is the decision of our United States Supreme Court in which the Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

See my Legal Guide "Constitutional Law: Sixth Amendment Protections"

Good luck to you.

God bless.

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