My ex-husband is a doctor and we have 5 kids together. We have joint custody and since he makes more than me, he pays me child support. I'm considering getting remarried. Would my new husband's income be included in the child support calculation? My ex currently has a girlfriend who is his "office manager" (he pays her $48k/year) for purposes of avoiding a higher child support payment. He won't marry her so that he can keep up their charade. He seems to think they can't marry or her "income" would be added to his. Any advice?
Family Law Attorney
The income of your spouse is only relevant if you are not working or not working full time and relying on your spouse's income to support you (in whole or in part). Otherwise, and generally, it is only the income of the actual parents that matters.
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Child Custody Lawyer
You new husband's income will not be imputed to you as your income. Still, if you stop working because you are married again, the Court will impute your old income on you. The relevant cases are Lewis v. Hicks and Rodgers v. Rodgers.