I just got married. My husband pays child support for 3 kids. Will his support order be raised because of my income?
2 Answers from Attorneys
Maybe. Maybe it will go down, if your income causes his income to be taxed more. Your income only counts for calculating deductions and taxes from his income now that his filing status will change. Your income is not directly included in income for support.
"The income of the obligor parent's subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor's subsequent spouse or nonmarital partner." (Fam. Code, sect. 4057.5, subd. (a)(1).)
It is used routinely, howver, for tax calculations. "In this opinion, we hold that Family Code section 4057.5, which generally precludes consideration of new spouse income in the determination of child support, does not prohibit consideration of new spouse income in determining the supporting parent's actual tax liability pursuant to section 4059." (County of Tulare v. Campbell (5th 1996) 50 Cal.App.4th 847.)