A new spouses earnings will most likely not be considered when calculating a child support or spousal support order.

Effective January 1, 1994, trial courts may not consider as a factor rebutting the presumptively-correct formula amount of support the income of a parent's “subsequent spouse or nonmarital partner” ... except in specified“extraordinary cases.” This means that your current spouse does not have to worry about his or her income negatively effecting your support payment. This also means that a single parent does not have to worry that if they get remarried they will be charged with an order they cannot afford.

The only exception permitting consideration of new mate income in fixing child support is “extreme and severe hardship” to the child. Unless the supported child will suffer if the court does not look to the income of a new spouse or nonmarital partner, such income cannot be considered. Marriage of Wood (1995) 37 CA4th 1059, 1067.

As a general rule, courts will not revise a child support order unless there has been a “material change of circumstances.” This rule applies to any form of child support order—i.e.,whether pendente lite or “permanent.” Marriage of Stanton (2010) 190 CA4th 547, 553.

The reason for this is that once a court has issued a child support order or spousal support order they are assumed to have considered all the facts up to that point. It would be res judicata to litigate facts already determined by the court.

Marriage of Williams (2007) 150 CA4th 1221, 1234 states that the equivalent to “material change of circumstances” is needed for purposes of child support modification.

Absent a change of circumstances, a modification motion would be “nothing more than an impermissible collateral attack on a prior final child support, spousal support or child custody order.” Marriage of Stanton, 190 CA4th 554.