Question:

If my ex-wife is getting remarried and therefore increasing the amount of household income, can I have my child support re-evaluated and reduced?

Answer:

In California, Child support is a shifting of income between households so that the children do not see a decline in financial circumstances after the divorce.

Child support is income driven and based on a calculation which incorporates the father and mother’s income or potential income and the number of overnights each parent has with the children.

When calculating support, the court will examine the party’s tax filing status in order to determine the disposable income of the parents. When a party remarries, they may file jointly with their new spouse and change their status from Single to Married Filed Jointly or Head of Household to Married Filing Jointly.

Usually, the court does not consider the income of the new spouse except in very rare occasions, if at all, and only does so to determine the effect on the parent’s tax filing status.

Each state is different as to how it calculates support and whether or not it considers a new spouse’s income for support. Since your case appears to involve a very nuanced area of the law, it would be wise to set up an initial consultation with an experienced family law attorney at Cordell & Cordell to better assist you in determining what your rights are in relation to the specific facts of your case.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.