or if I remarry will new spouses income be involved in consideration of spousal maintenance adjustment? I am the payer.
Maintenance is based on the NET income (after tax income) of the two parties (i.e. payee and payor).
The receiving party has their "reasonable" expenses considered. If they are living with someone then their expenses go down by half. If they are newly married maintenance is terminated because the new spouse is responsible for support.
So, how does the payor's expenses get calculated in... THEY DON'T.
Doesn't matter is payor gets married except his impact on NET INCOME.
But just as they won't concider expenses of the payor, they don't consider spousal income of his wife either. There are rare exceptions.
Hope this helps.
WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.
Yes. Cohabitation and remarriage reduce expenses. However, a new spouse's income or that of a significant other is not relevant unless you intentionally diminish your income and are supported by the new spouse or girlfriend.
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