Legal Question in Family Law in California

Can an ex-spouse come after the new spouse for child support?


Asked on 7/26/23, 11:33 am

1 Answer from Attorneys

Yes and no. The new spouse's income is not counted toward calculating spousal support. However, to the extent income or assets of the new spouse becomes community property, it can be reached to pay whatever support is owed based on the paying-parent's income. So if I make 50k a year, and I owe $1,000 a month in child support, and I remarry someone who makes $150,000 a year, the child support owed stays $1,000, but if I don't pay it, my new spouse's income is community property and can be used to pay it. They cant garnish her income, but they can come after accounts that hold community property income for example.

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Answered on 7/27/23, 6:19 pm


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