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Can an ex-spouse go after current spouse's income for spousal support?

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EnergizerBunny

New member
What is the name of your state? CALIFORNIA

Can my ex-spouse ask the court to increase the amount of alimony, since the last time it got adjusted, I got married to my second spouse who works and makes money?Can my ex claim to be entitled to more money, because, my current spouse is making money, contributing to the family budget?
 


FlyingRon

Senior Member
Generally, the court will not consider your new spouse's income as a factor in determining support. There are a few times when it may be involved, for example if you become unemployed or underemployed because you decide to live off your new wife's income. Also, if you go into a new husband/wife business that joint income will possibly count.
 
Of course, the ex can ASK the court to increase the amount of alimony. Whether or not s/he is successful will depend upon how your divorce decree is written relative to alimony as well as the reasons suggested by FlyingRon.
 

zddoodah

Active Member
Can my ex-spouse ask the court to increase the amount of alimony, since the last time it got adjusted, I got married to my second spouse who works and makes money?
This question is very oddly worded, but your ex-spouse can ask for anything he/she wants.

Can my ex claim to be entitled to more money, because, my current spouse is making money, contributing to the family budget?
Just as your ex-spouse can ask for anything, he/she can also claim anything he/she wants.

While it is unlikely that this would actually result in an increase in your spousal support obligation, it's not out of the question -- especially since It sounds like your new marriage has resulted in you having more disposable income than you had previously. Details matter, though, and we have none. If you ex-spouse seeks an increase, you obviously should retain legal counsel.
 

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