Legal Question in Credit and Debt Law in California

If i remarry can my ex wife try and get more child support or back child support from my new spouse?

Asked on 8/31/12, 7:31 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Not really, but sort of. Remarriage is grounds to have child support adjusted. Because marriage usually, but not always, results in tax savings, the recalculated support may be higher because you would have more disposable income. Your new spouse's income would have to be reported to allow calculation of the new tax on YOUR income. The new spouse's income is NOT included in how much money you have to PAY support, however. As for back support, community property can be taken to pay back support. So once you remarry and start acquiring community property, both your share and the new spouse's share of the community property can be taken for back support. The new spouse's income, however, and the new spouse's pre-marriage assets cannot be reached to satisfy a back support order or judgment, unless and until they are mingled with or commuted into community property, such as by deposit into a joint account.

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Answered on 8/31/12, 11:44 pm

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