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The father of my child has a lawyer lowering his child support, can I add his wife's income to his total income when calculating

San Ramon, CA |

Since the original agreement, he said his income at his job is much less now. He got married and she gets child support from her ex and she gets disability. My income has not changed. Does his income now include hers?

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Attorney answers 2

Posted

The Court may not consider the income of his new wife when considering the appropriate amount of child support to be awarded. However, there is a narrow exception that states that the income of the new spouse may be considered when the child would suffer “extreme hardship” if the income was not considered, which is rarely the case or applicable (Under California Family Law Code Section 4057.5).

For this case I would definitely encourage you to speak to an attorney to see your options in your case.

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorney’s are usually the best source of advice, and their answers should be given the highest regard.

Posted

Additionally, please note that the father's new wife's child support is not "income" to her. The Court may also consider her income for the limited purpose of how it impacts the taxes deducted from the father's gross pay (if the father and his new wife are filing joint tax returns).

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law

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