Can my ex-wife go after my new wife's income?
Asked by: Prof. Roberto Green DDS | Last update: May 1, 2025Score: 4.4/5 (15 votes)
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 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 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-husband's new wife for alimony?
As a general rule, the new spouse is not directly liable for the other spouse's alimony.
Husband's Money Goes To Ex Wife
How does remarriage affect alimony?
California Family Code Section 4337 states that spousal support is automatically terminated when the spouse who receives the alimony is remarried. This provision exists to streamline the transition and removes the need for a court hearing or an additional legal process to end alimony.
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.
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.
How long 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 my ex wife take everything I own?
Most states use common law principles of equitable distribution when deciding who gets what following a divorce. This means that property acquired by one member of a married couple prior to marriage or as a gift or inheritance during the marriage remains their sole or non-marital property.
Can I go after ex-husband's new wife's income for child support in California?
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 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 my husband/ex-wife use my income 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.
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.
How do I show my ex is lying about income?
Your attorney has several legal avenues available for uncovering the truth. These may include subpoenas for your ex's pay stubs, bank statements, credit card statements, or tax returns. Your attorney may also submit a request for sworn testimony from your ex about his or her financial assets.
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.
Can I stop my ex-wife from getting my retirement?
There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”
Can my ex-wife get part of my social security check?
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).
What is the Brown time rule?
Under the Brown Formula and time rule, the community property portion may be a ratio. It is the time worked between the date the spouses are married and the date they separated in relationship to the entire time the plan holder was employed.
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 assets cannot be touched in divorce?
Separate property generally cannot be touched in a divorce., but there may be times when separate property turns into marital property, making it available for distribution.
Can I empty my bank account before divorce?
FAQs. Is it legal to empty my bank account before filing for divorce? No, it can be viewed as an attempt to conceal or deprive your spouse of assets, leading to legal penalties.
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 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.
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.