If my ex-wife has full custody of my sons and just got remarried, does the income of her new husband effect the calculation of child support?

Asked on January 7, 2013 under Family Law, Michigan

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Only the parents are legally obligated to support their child.  Step-parents do not inherit that responsibility by marriage.  So, no, the new husband's income will not affect the calculation of child support.  If the child had special needs or some circumstance which are resolved by the remarriage with the new husband and it was those issues which resulted in you have to pay a higher child support obligation-- then the court could take that into consideration when reassessing the obligation.  For example, if your child had a condition which required round the clock care, and you paid extra support from a sitter to be with the child while your ex-wife worked--- but now with the remarriage, she no longer has to work-- then this could be a factor to justify a reduction in support-- because the care issue is now a non-issue.


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