New Spouse income for Child Support in CA?

Status
Not open for further replies.

haley77

New Member
I am the new spouse.

Included in the divorce settlement for my new husband and his ex, is a clause for automatic reevaluation of child support, which is due to happen in a month.

Current Situation:
For the last 4 years - the payments have benefited the ex - since at the time it was calculated - her income was 10x less. (5K per year vs 50K - w/ a 51% - 49% custody arrangement)

Now, her income is about 36K, his about 15K. He works part time (25 hours a week) so that he can accomodate his sons school schedule, and his ex's graveyard shift schedule.

If my income were NOT included, her income would be double his, and he would likely be awarded a payment.

My Question:
Do they consider my income as the new spouse in California? Esp. since he is not working full time?
 
They will not consider your income BUT he cannot work just part time, they likely will input a full time income. He doesn't get the option to work part time when he has kids to support.
 
I have been looking around a bit, and I have gotten the impression that since CA is a community property state, my income could possibly be included since it has the effect of increasing his net disposable income. Any truth to this statement? Thanks for the assistance!
 
Status
Not open for further replies.
Back
Top