Legal Question in Family Law in California

Child support/alimony

Hello, a couple friends of mine need your advice. The husband is divorced with 2 children and pays a large amount of child support and alimony. His current wife hasn't adopted the 2 kids, however it's their understanding that when she begins working as a nurse, her pay will be included in her husbands gross yearly. This will casue the child support and alimony amounts to be increased. My friends former wife remarried a wealthy man and quit her job to be a housewife and mother. Although her husband makes twice the amount of money as my friend, why isn't his income taken into account when alimony/child support amounts are determined? I feel the pay of my friends current wife shouldn't be considered when determining alimony/child support amounts since the children haven't been adopted by her. Can you give me some guidance with regard to the law? Hopefully my friends won't be forced to pay extra, they hardly make enough to stay up with inflation as it is.


Asked on 3/15/09, 11:15 pm

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Child support/alimony

Usually the new spouses income will not be included for any support payments. I would check with the local family law facilitator in your county to assist you with any legal proceedings.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/19/09, 12:20 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child support/alimony

If the ex wife has remarried spousal support would terminate at the time she remarried. The exception to this would be when the parties agree that spousal support would be paid for a specific time and would not be modifiable during that time. The decision not to work outside of the home should be grounds for the court to attribute income to the ex wife. The amount of income attributed to her would depend upon her earning capacity when she worked.

New spouse income is considered only to determine the amount of income tax paid by the ex husband. Often this results in a reduction in child support as the income taxes increase.

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Answered on 3/23/09, 12:17 am


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