Legal Question in Family Law in California

In the state of California, can an ex-spouse collect additional child support and/or spousal support if the other ex remarries (based on the additional income that the new spouse brings in)?


Asked on 9/28/10, 12:02 pm

2 Answers from Attorneys

Gary R. White Burton & White

Unless extraordinary circumstances are involved, no.

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Answered on 10/04/10, 9:46 am

The new spouse is not obligated to have their income diverted to a prior spouse, but there usually is some modification of support when the paying spouse remarries. This is because the new spouse's income affects the taxes on the paying spouse's income. The change in taxes may cause the after-tax "disposable income" of the paying spouse to go up or down. No way to tell until the numbers are run through Dissomaster.

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Answered on 10/06/10, 10:58 pm


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