The Income Of The New Spouse Of Your Ex Does Not Effect Child Support Amounts

Q: My ex married a movie industry professional.  She makes a great deal of money.  Can I obtain an order increasing child support and spousal support based on my ex-husband’s new wife’s income?

A: Nope.
California law is clear that new mate income cannot generally be considered against you in ordering or modifying child or spousal support. The controlling California Family statute is section 4057.5. You do not need to report those earnings on your FL-150 (Income and Expense Declaration).  The section contains an exception for the “extraordinary case” which the statute makes clear is intended to address situations where where excluding that income would lead to extreme and severe hardship to any child subject to the child support award or where “a parent … voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse’s income.”

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