Can I go after my ex-husband's new wife for child support in California?
Asked by: Mrs. Herta Feil | Last update: February 20, 2025Score: 4.3/5 (63 votes)
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.
Can my ex-wife go after my new spouse's income?
In general, the answer to your question is 'No -- your partner's ex cannot claim any money off you. Have a good read through the earlier comments and responses for more information.
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.
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.
Can my Ex's new spouse pay me Child 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.
What happens if you have a baby with someone else while married?
Either you or your spouse must file a Motion to Determine Child Born Out of Wedlock to ask the judge to revoke paternity. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you will need.
Does new spouse income affect child support in California?
Although the new spouses' incomes cannot be considered, remarriage of the parents can have some effect on child support payments, because some of the factors considered when making an order may change, such as new children, different tax filing status, etc.
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 I go after my ex-husband's new wife for child support in AZ?
If your ex-spouse has remarried, his or her new spouse's income will not be counted to determine an amount you are obligated to pay. The guidelines do not allow the inclusion of a new spouse's income in the calculation of child support.
Can I go after my ex-husband's new wife for child support in New York?
Because remarriage alone doesn't entitle a parent to a modification of child support. Whether you, your ex, or both, have remarried, the new spouse has no duty to support your children from a prior marriage or relationship.
Will a prenup protect me from my husband's child support?
California prenuptial agreements cannot regulate child custody or 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. The alimony may be indirectly affected by the household income the new spouse brings to the union, but the new spouse is not responsible for paying the existing alimony obligation.
Can an ex-wife sue a new wife for child support?
If you or your ex-spouse remarries, one of you may file a motion to modify child support. Typically, a child support modification can only be granted if there is a significant change in circumstances, such as a job loss, a substantial increase in income, or a significant change in the child's financial needs.
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 my husband's ex-wife come after my money?
No. You have no obligation to her. You might want to keep your finances separate just in case the ex-wife tries to renegotiate her alimony, but that seems incredibly unlikely.
Can I go after my ex husbands new wife for child support in California?
Fam. Code § 4057.5 (2024).) Here again, the law allows an exception: Judges may consider new-mate income if not doing that would cause "extreme and severe hardship" to any child that the parent (or the parent's new spouse) is supporting. Note that this exception depends on the child's hardship, not the parent's.
At what age does a father stop paying child support in California?
The duty to pay support typically ends when a child turns 18 and graduates high school. If they're still in high school full-time and cannot support themselves, the duty ends when they graduate or turn 19, whichever happens first.
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.
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.
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.
How to terminate child support in California?
Court Order: A court can issue an order to stop child support upon the filing of a motion to terminate support based on specific circumstances; Death: If the child or the parent obligated to pay support passes away, the child support obligations cease.
What happens if you get married to someone who is already married?
The law states that marriage is a legal binding contract, and, by marrying again, you're breaking your contract and entering into the second illegally. Bigamy is a class C felony, which means that if you're convicted, you could receive a fine of up to $100,000 or imprisonment for up to 40 years.
What if my husband is not the father of my baby?
Not only can the court issue an order of protection, but you can also request sole custody, as well as request child support and a paternity test. If I could choose for you, this is the best option to remove this person from your life.
What happens if a married woman gets pregnant by another man in California?
California law automatically assigns the role of a child's legal father to the woman's husband if a child is conceived during the marriage. The husband is legally presumed to be the child's father if born during the marriage or within 300 days after the marriage is dissolved.