If my ex-husband remarries does his new spouse’s income become part of the equation when figuring out child support?

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If my ex-husband remarries does his new spouse’s income become part of the equation when figuring out child support?

My ex-husband has remarried. Does their combined income now determine how much child support should be paid? Or at least, does her income become any part (even minor) of the child support calculation?

Asked on January 21, 2012 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, no, it does not.  The new spouse's income is not included in the initial calculation to determine child support. However, the lawin some states - such as Illinois - has been emerging through decisions by the courts and lead one to conclude thatit couldin fact be a factor to rebut a presumption for the available income and expenses of the paying spouse or the need of the receiving spouse (such as in Oregon). Seek consultation  froman attorney in your area.  


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