Can My Ex Pursue New Spouse’s Income for Additional Child Support (2024)

At the Land Legal Group, our Los Angelesfamily law attorneysknow that post-divorcematters can become tricky — no matter the family dynamics. Whether you and your spouse agree on your Californiadivorce details — including child support— in private, through attorney negotiations, in mediation, or litigation, the finalized decree is typically the final word. Usually, both ex-spouses go their ways and comply with the agreement or order, so there is no legitimate reason to revisit the terms of the divorce.

Then, one parent remarries, and suddenly, the financial aspects associated with the divorce are called into question. This is especially true when one spouse has married someone with a high income. The question becomes, can I pursue more child support by including the new spouse’s income? Or, conversely, can I lower the amount of child support I pay because of the new spouse’s income? We have answers.

How Does Remarrying Impact Child Support in California?

California uses a set of legal guidelines to determine child supportthat presumes both parents are responsible for supporting their child. This is true even if one of the spouses remarries, as it does not alter that obligation to their children.

Under California law, for the most part, a new spouse’s income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved.

Usually, the calculation is made strictly using the parents’ gross income.

The court will rarely consider the new spouse’s income unless:

• Both biological parents earn too little money to provide for the child’s basic needs.
• A parent voluntarily or intentionally quits work or reduces their income.
• A parent remains underemployed or unemployed and relies on the new spouse’s income.

Unless these extreme circ*mstances can be proven in court, the courts will not usually deviate from a previously ordered child support award if either parent remarries.

Contact Our Los Angeles Family Law Attorneys at the Land Legal Group Today

If you have questions about how your divorce, child custody, or child support agreement or order will be impacted by getting remarried in California, contact our team of skilled family law attorneys in Los Angelesat the Land Legal Group by calling(310) 552-3500 today.

• Divorce
• Child Custody
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• Children’s Law
• Spousal Support
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