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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.