Does My Spouse’s Income Affect Child Support In California Divorce Law?

If you are a child support obligor and you have taken the courageous step to get re-married, it is a common question as to whether or not your new spouse’s income will affect your existing child support payment. Common questions include, “If my spouse makes more, will I have to pay more?” or “Can I just keep paying what I am paying now?” Well we have good news for you! The short answer to a long question is that according to California Divorce Law, your spouse’s income can only help you, not hurt you!

If you are a child support obligor and you get re-married, the law states that support for a child is based solely on the biological parent’s income (for more detailed information on these laws, check out the California child support law FAQ page). The good news is that a new spouse has no legal obligation to help with the financial support of your children to which you owe support!

The even better news is that your new spouse’s income may actually help you. This is due to a unique exception in California divorce law that takes into account incurred expenses attributed to new children, including childcare and medical expenses. As your child support financial obligations are based on increases and decreases in your income, significant new incurred expenses will definitely be taken into account.

But how can you take advantage of this unique exception? Navigating the world of California divorce law can be difficult without the help of an expert in CA family law. A report that the U.S. Census Bureau released in December 2011 stated that among 13.7 million custodial parents in the U.S., 50.6% of them had some child support agreement in place and 90% of those agreements were formal agreements, established in court. An expert who specializes as both a California adoption lawyer and a California divorce lawyer will know all of the ins and outs of CA family law and will be able to cater to your specific situation. At Lydell & Lydell Attorneys at Law, our number one priority is giving our clients experienced, dependable and individual care. We are here for you, and we don’t want you to miss any of the important information on California divorce law.

If you need more info or you’re ready to move forward with your case, call us at 916-996-1966 or Contact Us for support on this subject.