Can I go after my ex-husband's new wife for child support in New Jersey?
Asked by: Myrtis Dare | Last update: September 17, 2025Score: 4.5/5 (73 votes)
Whether you, your ex, or both, have remarried, the new spouse isn't obligated to support your children from a prior marriage or relationship.
Can I go after my ex-husband's new wife for child support in NJ?
In New Jersey, remarriage does not automatically impact an existing child support order. Regardless of whether your ex has remarried, you are still obligated to pay child support. This is because the new spouse is not legally obligated to provide for the child.
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 my ex go after my new wife'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's 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 my Ex's new spouse pay me Child Support?
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.
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 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.
Does child support go down if the mother has another baby?
In the State of California, if a parent who pays child support has other children with another person, they cannot ask the court to reduce previously ordered child support to support his new children. For example, after David and Linda divorce, David is ordered to pay child support for the couple's minor child.
Is my ex wife entitled to my future earnings?
While future earnings will not be treated as a matrimonial asset to be shared as part of the capital settlement, they could still play a factor in relation to calculating spousal maintenance payments which are entirely separate from child maintenance.
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 husband/ex-wife use my income for child support?
The income of a new spouse cannot be considered in modifying or calculating child support in divorce with 2 exceptions. First, in the extraordinary case where failure to include the new spouse's income would lead to extreme and severe hardship to the children of the previous marriage.
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 ex wife get child support from 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.
What happens if you marry someone who owes child support?
The father is responsible for child support. If he married you, he is still responsible for child support. If he doesn't pay, they can take his license, arrest him, garnish his salary, intercept his tax return and enter a judgment against him.
Can I put him on child support if we live together?
In rare circumstances, the court deems it necessary that one parent be ordered to provide support to the other parent who lives in the same home. Just because both parents are sharing the same house does not mean that they are both providing financial support to the household and care for the children.
Does child support go down if the father has another baby in the UK?
The Child Maintenance Service simply reduces the amount of weekly income that it takes into account. For example, if the paying parent is paying for: one other child, their weekly income will be reduced by 11% two other children, their weekly income will be reduced by 14%
What is the biggest factor in calculating child support?
Parental Income
Both parents' gross income is a critical starting point. Income includes wages, salaries, commissions, bonuses, rental income, dividends, unemployment benefits, and more. Courts also consider non-monetary perks like housing or vehicles provided by an employer.
Do I have to pay child support if my ex makes more than me?
Even if your ex-spouse is the higher earner, you may be required to make child support payments to ensure that your children will have the financial resources they need.
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.
Do you have to support your ex wife after divorce?
Whether or not spousal support should be awarded is up to the discretion of the judge. The judge can also decide the amount of spousal support and the period of time that it should be paid.
How long does a man have to pay his ex wife alimony?
The judge starts with some basic assumptions: For marriages less than ten years, support will last half the length of the marriage. For marriages more than 10 years, there's no assumption about what's reasonable.
What is the biggest mistake in custody battle?
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
Can child support be reduced if I have another child?
The court will usually start with the base child support amount for one child and order that paid to this parent, potentially doubling or tripling your existing payments if you support other children in other households.
What not to say during a custody battle?
Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.