If I am recently divorced and getting remarried next month, can my ex come after me for more child support because my new wife is employed?

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If I am recently divorced and getting remarried next month, can my ex come after me for more child support because my new wife is employed?

Asked on October 19, 2012 under Family Law, New Jersey

Answers:

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

Answered 9 years ago | Contributor

In New Jersey, like any states, the obligation to support a child is on the two parents of the child--not any step parents.  New Jersey has general guidelines which will consider the birth of new children in lowering the amount of child support required to be paid, but the second spouse's income will not be included in the calculation of the parent's income for the calculation of a support obligation.  However, if a child has some type of extraordinary expenses, the court can take into consideration that your new spouse is contributing to the household-- but this is an exception, rather than the rule.

Even though it may be difficult, you may want to consider keeping your income separate in different accounts so that you can track your income versus her income-- this will prevent the funds from being co-mingled and her income accidentally being included with yours.

So bottom line, absent some unusual circumstance with your child, then "no", your ex- cannot go after you for more child support because of your new wife's employment.


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