Can I go after ex-husband's new wife's income for child support in Florida?
Asked by: Elian Hand | Last update: July 17, 2025Score: 4.5/5 (59 votes)
In general, a new spouse's income has no bearing on a child support obligation. It simply is not an input into a child support calculation formula. If a spouse gets remarried that pays child support, which is very common, the new spouse's income will not be considered. There is a slender exception to that.
Does new spouse income affect child support in Florida?
In Florida, a new spouse's income does not directly factor into a child support determination, but it can still have an impact. The court does not specifically factor a step-parent's income into the equation when awarding child support.
Can I go after my ex-husband's new wife for child support?
Your new spouse's income may not be garnished by your ex to satisfy your outstanding child support amount.
Does my new wife's income count for child support?
Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
How much back child support is a felony in Florida?
Florida has criteria for classifying child support delinquency as a felony: Your payment is four months past due, and you owe $2,500 or more. You have a prior conviction for non-payment. You have been accused of trying to leave the state to evade payment.
Can my Ex's new spouse pay me Child Support?
How far back can retroactive child support go in Florida?
Some parents don't realize that the courts can not only enforce an existing order but can also require a non-custodial parent to pay retroactive child support. This raises the question: How far back can child support be claimed? Florida law limits retroactive child support payments to 24 months.
What happens if I can't afford child support?
Failing to pay child support in California can have severe and far-reaching consequences. From monetary penalties and credit score damage to asset seizures and license suspensions, the repercussions are daunting.
Does stepparent income affect child support?
The income of a stepparent is rarely considered when calculating child support payments. California's legislation has a complex formula for deciding the amount of child support to be paid. It evaluates each parent's revenue, the time spent with the child by each of them, and their possible tax write-offs.
Can I go after my ex husband's new wife's income for more child support in New York?
If a remarried parent experiences a significant change in their financial circumstances due to their new spouse's income, it may be possible to request a modification of the child support order. The court will consider whether the change in circumstances is substantial and warrants a modification.
Does remarriage affect child custody?
Remarriage doesn't automatically lead to a new or revised custody arrangement. For the court to reevaluate an existing custody agreement, they must see a material change. This means a radical and permanent alteration in circumstances that directly affects the wellbeing of the children.
Can my ex-wife claim my new wife's money?
One's spousal support is not based on your future wife's income in CA or anywhere else - this has been repeatedly thrown out of court as against public policy (it discourages marriage). Of course she can always claim that she needs more based on material change in her own life, but not yours.
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 my ex-husband's new wife have rights to my child?
Generally speaking, a recently new relationship doesn't hold much bearing on the existing child custody arrangement, unless the new partner is determined to somehow be a danger to the child's wellbeing.
What is the average child support for one child in Florida?
This amount is also divided according to the number of children you will be supporting. For example, if your income is $4,000 and you have to support one child, the average child support in Florida will be $828 per month. If you earn the same amount but have more children, the payment value will increase.
Can an ex-wife get child support from a new wife?
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.
Does child support go down if the father has another baby in Florida?
If the father has another baby, will child support go down? 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.
Does my new wife income count for child support?
Under California law, a new spouse's income is not used in the calculation for child support. It may only be considered in rare cases where not considering the new spouse's income would cause extreme and severe hardship to the child or children involved.
Can I go after my ex husband's new wife's income for more child support in Texas?
A New Spouse's Income Doesn't Affect Child Support in Texas
However, it could have an impact if it affects your ex's ability to pay child support. For example, if they have costs such as a mortgage, rent, or bills that they now share the cost of, then they may be able to pay more.
Can I get child support if I make more money than my ex?
It's important to understand that even if the custodial parent makes a higher income, the non-custodial parent must still financially support their children. This is due to the fact that the courts consider that the non-custodial parent would contribute financially if they were still married.
What is the biggest factor in calculating child support?
- Your Former Spouse's Gross Income. A judge isn't going to require someone to pay more child support than he or she can afford. ...
- Your Current Gross Income. ...
- The Number of Children You Have. ...
- The Needs of the Children. ...
- The Child Custody Arrangement.
Can I go after my ex-husband's new wife for child support in Louisiana?
In Louisiana, child support is not dependent on the parent's spouse but rather the income of each biological parent. However, the courts may consider a new spouse's income if it impacts a parent.
Does stepparent income count for financial aid?
Any support provided to the student by someone who is not a legal parent should be reported as untaxed income to the student on the FAFSA. For example, if a custodial parent passes away, any support provided by the stepparent must be reported as untaxed income for the student.
What is the most money child support can take?
A: The most money child support can take in California is up to 60% of a person's wages if they are only responsible for one child. If they are responsible for two or more children, then up to 50% of their wages can be garnished. Wage garnishment can sometimes be mandated by a court order.
How many kids you have to have to stop paying child support?
"Nowhere in the world would you get a pass on child support if it is proven to be your child. You have a legal obligation no matter where you are, no matter how many children you have," she adds. "Your child is entitled to be supported.”