18 November 2013 0 Comments

My New Spouse Earns A High Wage

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I have been asked many times by a parent who has remarried if his or her child support payments will increase because they married a high earner.

Each parent’s financial support obligation depends on:

  • Total income earned by each parent
  • Time spent with children
  • Number of children
  • Medical needs of children
  • Education needs of children

The income of a new spouse of a parent obligated to pay support cannot be used as a factor to reduce or increase child support – according to The California Family Code.

The California Family Code 4057.5(a) states, “The income of the obligor parent’s subsequent spouse or non-marital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse of non-marital partner.”

However, if a parent can show that significant changes in circumstances have occurred, California courts have the discretion to order new child support awards or modify the existing one. This is determined by what is best for the child.

In the end, the court does not normally change the original child support award because one parent has remarried. A new spouse’s earnings do not affect the parent’s existing obligation.

Whether you want to establish child support, enforce or modify child support, or need to defend against a child support action, our law firm can help you.

For a free consultation regarding your child support issue, contact the family law offices of Holstrom, Sissung, Marks & Anderson for the help you need. We will guide you through your issues so you can focus on moving forward with your life.

We are conveniently located in Orange, Riverside and San Bernardino Counties.

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