Skip to main content

Can a judge consider spousal income when seeking to raise child support?

Brooklyn, NY |

My wife's ex-husband has custody of their son and is asking for child support to be raised based on my income, is that possible?

+ Read More

Attorney answers 3


No. This is not supposed to happen but too often it does. The court is allowed by statute to impute income from regular and reliable sources. This includes the other spouse's rents earned, income recovered and property owned.

Good representation can avoid these pitfalls.

Good luck.


Possible, sure. Permissible, not so much. Your income should not be a factor unless there are some extraordinary circumstances. Speak with an attorney in a confidential setting to explore this further and to be advised how to respond, if at all. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


Your income is essentially irrelevant, though your adversary may attempt to show that your spouse benefits in kind from your income and therefore has more available income analogous to perquisites from one's employment. A decent family law attorney should be able to make that argument difficult or unsuccessful.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.