Claery & Hammond, LLP
  • Home
  • Firm Overview
  • Attorney Profiles
  • Divorce
  • Family Law
  • Blog
  • Testimonials
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
310.817.6904 Free Case Evaluation
The Divorce Process Page Banner
Family Law Blog 2016 June Does Remarriage Affect Child Support?
Previous Post  |  Next Post

Does Remarriage Affect Child Support?

Posted By Claery & Green, LLP || 3-Jun-2016

In almost all situations, when two parents divorce, one parent is ordered to pay child support to the other parent. While parents are familiar with the fact that their income is used to determine how much child support is paid, many parents are not sure of how remarriage, or a new spouse’s income affects their child support payments.

In California, all parents are required to financially support their children, whether they are married to the child’s other parent or not. Under California’s Child Support Guidelines, a number of factors are considered when determining the amount of support, such as the custody arrangement, the number of children being supported, and each parent’s disposable income.

Understandably, parents want to know how remarriage would affect their child support obligation.

Rules About Remarriage and Child Support

You may be curious, “If I remarry, will my spouse’s income affect how much child support I have to pay?” Under normal circumstances, no, your spouse’s income should not affect child support. In California, the courts expect the child’s biological parents to support the child, not the child’s stepparents.

Ordinarily, a California judge is NOT supposed to look at a new spouse’s income unless for some reason there is an extraordinary circumstance that has caused extreme hardship for the child.

For example, a father voluntarily quits his job to avoid paying child support, or intentionally stays unemployed while he’s being supported by his new wife. In that case, the judge may consider his new wife’s income and require her to turn over her W-2s or 1099s.

California is a community property state, which means that each spouse has a 50 percent interest in the marital assets, regardless of who earned them. If a parent fails to pay child support, the court can go ahead and enforce a judgement against their community property, but the court cannot go after the new spouse’s earnings.

Do you have further questions about child support? If so, please contact our Los Angeles family law firm to schedule a free case evaluation.

Categories: Child Support, Divorce

Share Post

  • We focus only on divorce and family law cases
  • Our attorneys handle all types of family court issues
  • We provide caring and effective legal advocacy
  • Our team has more than 50 years of combined experience
  • We offer a FREE initial case consultation

Contact Us Today!

Send My Info

Quick Links:

  • Video Center
  • Free Evaluation
  • Client Testimonials
  • Firm Overview
  • Attorney Bios
  • Derecho de Familia
Claery & Hammond, LLP
Claery & Hammond, LLP
Los Angeles Divorce Attorney
2121 Avenue of the Stars, Suite 2900, Los Angeles, CA 90067 View Map
Main (310) 817-6904
Local (310) 362-2273
Monday through Friday 8am-5pm
Website: https://www.claerygreen.com/
© 2019 All Rights Reserved.
Site Map |  Privacy Policy
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.