Question:

Is my new wife’s income included when figuring child support, and is support figured using gross or net income?

Answer:

In many states, your new wife’s income would not be included as part of your income available for child support.

That said, sometimes, if you are trying to make a claim, for example, that your monthly expenses exceed your monthly income and therefore you are not able to pay support, any financial benefit you receive from your new wife in the form of decreased expenses (meaning that both of your incomes pay for household expenses, etc.) could be taken into consideration when determining a support amount.

You will need to be careful if you are required to provide a financial disclosure statement that you are being honest with the court about the financial benefit you are receiving from your wife.

For example, if your total monthly rent is $1200 per month and that’s typically paid for with your wife’s paycheck, but you pay 100 percent of all of the utilities and groceries, you’ll want to make sure you’re noting that accurately for the court.

In Wisconsin, where I practice law, the court uses gross income rather than net income to calculate child support, but this is state-specific and may be different depending on where you live.

Please understand that my opinions are based upon the limited facts that you provided to me.

Remember, I am unable to provide you with anything more than 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, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.