Unless the mother was incapable of working, an imputed income should have been used for her in determining the amount of child support she is to pay.
A spouse's income can, in certain situations, be used in determining a parent's child support obligation. However, the court generally looks beyond a parent's incomes only when the parent asks for a deviation from the standard child support calculation.
What you should do is review the specific facts with your attorney to find out your legal options. One thing to look at is what income was used for the mother in setting the original child support. If no income was imputed to her and she is capable of working, a petition to have the court take another look at the child support likely can be filed.
The Court is probably not going to consider the exwife's new husband's income unless there is another reason to do so (i.e. request for deviation from standard schedule, etc.). If the exwife is capable of working, her income should be imputed to a reasonable level based on her past earning history or, at the very least, minimum wage. There are tables based on the parents' ages that may also be applied to such situations.
Since the minimum allowed monthly Child Support in the State of Washington is $50.00 per month, the Court is likely to hear argument on a modification if the exwife's income was not imputed at at reasonable level and the monthly Child Support amount is insufficient to support the Child.
One of the only times the Court will consider the income of a new spouse is when calculatingpost-secondary contributions (for college, trade school, etc.).
The short answer is no. New spouse income generally is not used to calculate c/s, unless the income is extraordinary. Let's say over $500,000 per year.
If she is not working, the court should impute income if there is not a good reason for her being unemployed.
All information and answers provided are for reference purposes only and are not guaranteed to be correct, complete, or up to date. Further, this information is NOT to be considered legal advice regarding your particular situation, and an Attorney-Client relationship is not created by viewing this information. Changes in the law or the specifics of your case may result in legal interpretations that are different from those presented. You should always seek advice directly from an attorney.
Child support Divorce and remarriage Child custody Child support and custody Finances and child support Determining child support payments Child support and income Child support and imputed income Child support modification Child support and changes in circumstances Child support and unemployment Child support and remarriage Unemployment compensation Father's rights in child custody