Can A New Spouses Earnings Be Used In Calculating Child Support or Spousal Support
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.
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.
