Does my wife's income count towards child support?

Asked by: Joanne Davis MD  |  Last update: August 20, 2025
Score: 4.4/5 (53 votes)

Your new spouse's income is generally not considered when calculating child support. The court determines child support based on the income of both parents, not just the custodial parent. Your new spouse is not legally responsible for your child support obligation.

Can my ex go after my new wife's income?

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.

Does my wife's income affect 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.

What is the biggest factor in calculating child support?

5 Factors Determining How Much Child Support You Will Receive
  • 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 ex-husband's new wife's income for child support in Florida?

You cannot use the income of a spouse or significant other in the calculation of child support (Family Code 4057.5) or spousal support (Family Code 4323). Your income can not be used. Your income will have an impact of your husband's take home pay that is used to calculate support as it effects his tax status.

Family Lawyer Answers: "Does My Spouse’s Income Affect How Much I Pay in Child Support?"

23 related questions found

Can my wife put me 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.

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.

How can I pay child support with no income?

Child Support Modification on Imputed Income

You can request an adjustment to your child support order, but the court will base new child support amounts on your opportunity and ability to find similar-paying work using your previous employment as a benchmark for what you may be able to earn in the future.

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 much child support for 3 kids?

To figure out how much the noncustodial parent pays, you multiply their income by 20% for one child. Use 27% for two children and 33% for three children. Then add 3% for every additional child.

How do I protect myself from my husband's child support?

Child support cannot touch your income if you keep it separate from his. Put your income in a separate bank account, and it is yours. Do not use a joint bank account. This will protect you.

What qualifies you for child support?

The child's primary custodial parent or legal guardian often qualifies for child support. The noncustodial parent, or the one without primary physical custody, is commonly the one responsible for making child support payments.

What happens if I marry someone who owes child support?

If you are married to someone with a back child support obligation and you file jointly, you can expect the government to recapture the return up to the amount owed, unless you file special paperwork with the IRS. Many state governments will also use recapture to take lottery winnings to pay back child support.

Does my spouse's income count for child support?

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.

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.

How can I protect my money from my ex wife?

10 ways to divorce-proof your assets and protect your wealth
  1. Consider a prenup (or a postnup): ...
  2. Document gifts and inheritances. ...
  3. Get your timing right if you do decide to leave. ...
  4. Don't knee-jerk liquidate. ...
  5. Review your estate plan. ...
  6. Avoid keeping everything in joint accounts. ...
  7. But don't hide assets.

How to protect income from child support?

How to Protect Your Business From Child Support
  1. Calculate Income Accurately. It may be tempting to hide income as a business owner. ...
  2. Maintain Proper Upkeep of Your Business. Typically, a business separates personal earnings and business earnings. ...
  3. Consider Your Custody Agreement. ...
  4. Speak With an Experienced Divorce Lawyer.

What is the average child support in the UK?

Assuming you're on the basic rate, you'll need to pay: 12% of your gross weekly income for one child. 16% of your gross weekly income for two children. 19% of your gross weekly income for three or more children.

How many kids before you 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.”

Can you live off child support?

In most cases, mothers are given custody of their children, and fathers are supposed to pay child support. Unfortunately, a custodial parent may quit employment to live off the child support payments.

What happens if you can't afford child support UK?

If you cannot pay child maintenance in full and on time or you've missed a payment, contact the Child Maintenance Service. If you do not pay what you owe, the Child Maintenance Service can take action to enforce payments. If your income or circumstances change, report it to the Child Maintenance Service.

How is child support calculated if one parent doesn't work?

Calculating Child Support When the Other Parent is Unemployed. It can be particularly difficult to calculate child support when the other parent is unemployed. In such cases, the court may need to determine the parent's earning potential based on their work history and the local job market.

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 change if you get married?

In California, there is rarely any change in a child support arrangement when either parent remarries, since the guiding philosophy is that both biological parents carry an obligation to care for the needs of their child.

Can living with a girlfriend affect custody?

A new boyfriend or girlfriend isn't grounds to lose custody or parenting time rights. However, if the new relationship or housing arrangement is dangerous to the child's emotional development or physical safety, the court may restrict that parent's custodial rights.