Can my ex-wife go after my new spouse's income?
Asked by: Melba Mante MD | Last update: March 17, 2025Score: 4.2/5 (56 votes)
Before the court can use the income of a new spouse in fixing child support, excluding the income of the new spouse must result in extreme and severe hardship to the children subject to the child support order.
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.
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.
Can I go after ex-husband's new wife's income 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.
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.
Daily Tip: Is My New Spouse’s Income Included for Child Support?- Brad Micklin
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 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 I go after ex-husband's new wife's income for child support in Illinois?
A new spouse's income typically isn't counted directly, but the financial situation of the remarried parent may still influence support decisions in some cases. Courts can consider a new spouse's income if it frees up funds for the parent to pay child support or maintenance.
Can I go after ex-husband's new wife's income for child support in Georgia?
Georgia law is clear that if a party has remarried, the new spouse's income in not used in the child support worksheet. Typically, a change in gross income of at least 10% is required to warrant a modification of child support.
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 sue my ex wife for alimony?
If you have a court order requiring your ex-spouse to pay you alimony, and they are not making the payments or falling behind, you have the legal right to file a motion to enforce the order. An alimony order is enforceable by civil and criminal contempt proceedings against the non-paying spouse.
How do I deal with my new partner's ex-wife?
“In the unfortunate case that their ex really is difficult and a problem, my advice is to try your best not to engage and not to take the bait,” Hartstein says. If you feel like you're having trouble coping with your partner's ex or if you feel like they're impacting your relationship, then you may want to seek help.
How can I protect my money from my ex wife?
- Consider a prenup (or a postnup): ...
- Document gifts and inheritances. ...
- Get your timing right if you do decide to leave. ...
- Don't knee-jerk liquidate. ...
- Review your estate plan. ...
- Avoid keeping everything in joint accounts. ...
- But don't hide assets.
Can I get more alimony if my ex-husband remarries?
How Does Remarriage Impact Alimony? California Family Code Section 4337 states that spousal support is automatically terminated when the spouse who receives the alimony is remarried.
Can my ex-wife claim my pension years after divorce?
Original divorce agreement: If the divorce decree explicitly states that the pension is to be divided, the ex-spouse may still have a claim, even years later. State laws: Some states have statutes of limitations on claims against retirement assets, while others may allow claims to be made at any time.
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.
Is spouse's income included in 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 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.
Will getting married affect custody battle?
Many who divorce find love again. But before tying the knot with a new partner, divorced parents may wonder how the new marriage might affect child custody arrangements. Generally, the court will not modify a child custody order unless it would significantly affect the child's best interests.
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.
Is a new wife responsible for husband's child support?
By itself, either parent's remarriage won't justify a change in the amount of child support you're paying or receiving for those kids. But in some circumstances involving serious hardship, you might qualify for a modification based on your (or your ex's) new financial circumstances after remarriage.
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.
What happens when a parent remarries?
If your parent has remarried and does not have any children with their new spouse, assets will be split 50/50 between the surviving spouse and the children. If there are children from the remarriage, the spouse will still receive 50% of the assets, and the other 50% will be split among all the children.
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.