Legal Question in Family Law in California
If I have to pay child support, and I get married, will my child's parent then also be entitled to my new spouse's income? In the state of California. I have my child a majority if the time, have a higher gross income & pay for more expenses, but I'd like to have this question answered prior to getting married to make sure I'm not exposing my future spouse.
2 Answers from Attorneys
New spouses' incomes must be disclosed, and are included in the formula for calculating child support, but only so that estimated taxes on the parent's income are correctly included. The new spouses' incomes are not included in the income available for support.
I agree with Mr. McCormick. I also add that to keep the new spouse's wages from being garnished, your new spouse should put those earnings into an account that you do not have any withdrawal rights to.
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