If I have 2 kids and my ex-husband and I share 50/50 custody, since I get child support based off his income and he is planning on remarrying will I get more money?

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If I have 2 kids and my ex-husband and I share 50/50 custody, since I get child support based off his income and he is planning on remarrying will I get more money?

Do they calculate his new wifes income? She has no kids. Does anything change if he gets remarried. Do I get more money?

Asked on November 15, 2012 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

The only person obligated to support a child is the biological parent.  The new spouse cannot be required to pay support for a child that is not theirs and their income is not included in the calculation of income.  So, to answer your question, no, you will not get more money when he remarries.  The only way for your to get more money is for your ex's income to increase or for the needs of the child to change such that the courts find a need for a change in the support obligation (like child was just diagnosed with rare condition which requires specialized medical care).  Absent one of these situations, nothing will change in his support obligation-- except that he should have an easier time making his current payments with the added resources of the new wife.


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