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  1. #1
    JAguirre is offline Junior Member
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    Does a Spouse's Income Count

    What is the name of your state? CA

    The case in question: the bio father has paid child support for 10+ years. He was recently re-married, changed jobs, and obtained full physical custody of one of his 3 children and is, therefore, having his new income/situation reviewed to recalculate child support. My daughter works for a family law firm and says that his new spouse's income will play into the calculations since it's community property. I don't believe this is true and everything I've read on this site indicates that it is not true. Can someone point me in the right direction to research this?
  2. #2
    gatorguy3 is offline Member
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    I have come to realize in recent years that the judicial system can make legal whatever they wish. The trick for the father is to make sure they do not consider his new wife's income community property. So long as she did not legally adopt the child, her income (theoretically) has no bearing. I am certain there is case law out there supporting this fact.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by JAguirre
    What is the name of your state? CA

    The case in question: the bio father has paid child support for 10+ years. He was recently re-married, changed jobs, and obtained full physical custody of one of his 3 children and is, therefore, having his new income/situation reviewed to recalculate child support. My daughter works for a family law firm and says that his new spouse's income will play into the calculations since it's community property. I don't believe this is true and everything I've read on this site indicates that it is not true. Can someone point me in the right direction to research this?
    His new spouse's income will play into the calculations...but not because its community property. The CA guidelines allow for certain expenses of the ncp to be taken into consideration in the child support calculation. Since the new spouse's income contributes to those expenses...the new spouse's income will be looked at to determine what "share" of the expenses belongs to the ncp...and what share belongs to the spouse.
  4. #4
    MtnMoon is offline Member
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    Quote Originally Posted by JAguirre
    What is the name of your state? CA

    The case in question: the bio father has paid child support for 10+ years. He was recently re-married, changed jobs, and obtained full physical custody of one of his 3 children and is, therefore, having his new income/situation reviewed to recalculate child support. My daughter works for a family law firm and says that his new spouse's income will play into the calculations since it's community property. I don't believe this is true and everything I've read on this site indicates that it is not true. Can someone point me in the right direction to research this?
    I have a CA order. It does not matter what your ex's new spouse's income is...her income will not be considered when re-calculating child support if there is a modification. She is not the one who owes child support...your ex does. Only his income will come under scrutiny. It does not have anything to do with CA being a community property state. You didn't mention which county you are in...but, you can get a great deal of information from your local Child Support Services office. Just call them up and ask if you want to set your mind at ease. That's what I did.

    Here's the website for the California Dept of Child Support Services: [url]http://www.childsup.cahwnet.gov/faq.asp[/url]

    HAVE A HAPPY MOTHER'S DAY!
    Last edited by MtnMoon; 05-07-2005 at 10:29 AM.
  5. #5
    MtnMoon is offline Member
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    Quote Originally Posted by LdiJ
    His new spouse's income will play into the calculations...but not because its community property. The CA guidelines allow for certain expenses of the ncp to be taken into consideration in the child support calculation. Since the new spouse's income contributes to those expenses...the new spouse's income will be looked at to determine what "share" of the expenses belongs to the ncp...and what share belongs to the spouse.
    That's incorrect. Child support guidelines are based on each parent's monthly income and the amount of time the child is cared for by each parent. The income of the NCP's spouse is not considered when calculating the child support amount. It's the NCP's obligation...not the NCP's spouse's.

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