As an Orange County divorce attorney, one of the most common questions asked is: my ex-spouse remarried, can I use the income of the new spouse to get more child support or spousal support? With respect to child support, the answer is generally no. Income of a parent's subsequent spouse or nonmarital partner may not be considered in child support determination except in extraordinary cases. So, what defines an extraordinary case? A parent intentionally or voluntarily quits work or reduces his or her income in which the exclusion of that income would lead to extreme or severe hardship to a child subject to a child spport order.
The converse is also true. Pursuant to Family Code section 4057(a) through (b),The court must also consider whether including the income would lead to extreme or severe hardship to any parent supported by the parent or the parent's subsequent spouse or nonmarital parneter. For the most part, new spouse income is hardly used.
For more information on the determination of child support or the modification of child support in Orange County, Los Angeles County, Riverside County or San Bernardino County, contact an Orange County divorce attorney for more information.
