Can I go after ex-husband's new wife's income for child support in California?
Asked by: Flossie Wisoky | Last update: June 22, 2025Score: 4.7/5 (15 votes)
Under California Family Code section 4057.5, the income of either parent's subsequent spouse shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to the children.
Does new spouse income affect child support in California?
Child support is intended to ensure that the child's basic needs are being met in both parents' households. The responsibility of making sure the child's basic needs are being met falls on the parents of the child. Under California law, a new spouse's income is not used in the calculation for child support.
Can my ex go after my new wife's income?
The court will rarely consider the new spouse's income unless: Both biological parents earn too little money to provide for the child's basic needs. A parent voluntarily or intentionally quits work or reduces their income. A parent remains underemployed or unemployed and relies on the new spouse's income.
Can I go after my ex-husband's new wife for child support in California?
No. Only the legal parents of a child have a duty to pay child support. That means step-parents don't have to do anything for their partner's child. The only person you can go after for child support is your ex-husband. No one else.
How to avoid child support in California?
- The child turns 18 years old and has graduated high school.
- The child turns 19 years old or graduates high school, whichever comes first.
- The child marries or enters a domestic partnership.
- A child dies, ending the child support obligation.
Can my Ex's new spouse pay me Child Support?
What is the new child support law in 2024 in California?
Effective January 1, 2024, the bill repeals provisions for expedited support orders. This change simplifies the process, potentially reducing confusion and legal complexities for parents. As a result, families in San Diego may find the initial stages of establishing child support less rushed and more thorough.
Can child support be modified without going to court California?
You don't need to go to court to determine the new child support amount. If there's an agreement between you and the other parent, you'll only need approval from a judge to make the changes on the child support.
Can I go after my ex-husband's new wife for alimony?
As a general rule, the new spouse is not directly liable for the other spouse's alimony.
What happens to my child support if my ex has another child?
If the non-custodial parent remarries and has additional children, then the court could modify that parent's child support payments. For example, a court may decrease obligations to one child so that a parent can also provide for a subsequent child from a new marriage.
Does child support go down if the father has another baby in California?
It's important to understand that simply having another child does not automatically reduce your child support obligation. However, if your circumstances have changed, it is possible to seek a modification of the child support agreement.
Can I go after ex-husband's new wife's income for child support in Florida?
Remarriage, by itself, does not affect a parent's obligation to support their child financially. But, a remarriage can bring about other factors that do affect child support. In Florida, a new spouse's income does not directly factor into a child support determination, but it can still have an impact.
Can new spouse income be considered for alimony in California?
a new spouse or non-marital partner cannot be taken into account in calculating spousal support. payor's living expenses, that cannot be taken into account. The ex spouse must then prove that the co-habitation has not affected his or her need for support.
Can my ex-wife take money from my new wife?
If you have a joint bank account with your new partner, your ex may be able to claim funds from it to cover your missed payments. Generally, if you keep your income and assets separate from your new partner, they are safe from your spousal support payments and legal obligations.
Does my new wife have to pay child support?
Generally, the non-custodial parent will make payments to support their child. While alimony payments will likely change, as that benefits the ex-spouse, child support is not impacted by either spouse remarrying. This is because a new spouse has no legal obligation to provide for a child that is not theirs.
What are the rules for child support in California?
Under California lawopens in a new window, you pay child support until the child turns 18, or 19 if the child is unmarried and still attending high school full time. Under special circumstances, the court may order child support to continue after the child is an adult.
How much is child support for one kid in California?
However, it is believed that, on average, residents of California paying child support pay between $400-500 per child every month. If you're wondering how much you might have to pay in child support, you should consult with a legal professional, as it will be based on your and your co-parent's financial situation.
Can my ex wife cancel child support?
If the financial situation of either parent changes dramatically and they jointly agree that child support is no longer necessary, they can jointly petition the court to terminate the child support obligation. A change in the child's situation can be grounds for termination of child support as well.
How much child support will I pay if I make $1000 a week?
Using a standard calculation, an individual earning $1,000 a week might pay around $250 per month for one child, though this figure can vary significantly based on specific circumstances and local county guidelines.
What is the child support arrears forgiveness program in California?
COAP is a California program designed to help you reduce the child support debt owed to the government. If you qualify, you will be offered an opportunity to pay an amount that is less than the full amount you owe. Qualification is not a guarantee that arrears will be compromised.
Can I go after my ex-husband's new wife for child support in Texas?
In short, while there are instances where a remarriage will have an impact on the level of child support, unless your ex's new spouse legally adopts a child, they are not responsible for child support.
Can an ex-wife ask for more money after divorce?
In fact, to get a judge to modify an order for spousal support, you will have to prove that the amount originally ordered is not enough for you to live on. You can't just want more money because they might have it to give.
How do I deal with my ex's new wife?
Focus on explaining the situation, resolving to keep your child-parent relationships unaffected, and place emphasis on maintaining a business-like relationship between your ex and the new spouse. Having a blended family is complicated, and dealing with a remarriage is hard for all of the parties involved.
Does signing over parental rights stop child support in California?
If your parental rights are terminated, and you owe child support that was ordered before your rights were terminated, you are still required to pay the amount owed.
How do I fight child support modification?
You can challenge a request for additional child support in court. When it comes to child support payments, the parents can either agree to a modification or they can put the request before a judge.
How can I pay child support with no income?
Child Support Modification on Imputed Income
You can request an adjustment to your child support order, but the court will base new child support amounts on your opportunity and ability to find similar-paying work using your previous employment as a benchmark for what you may be able to earn in the future.