Dear tango1230-ga;
Thank you for allowing me to answer your interesting question. As a
general rule, states do not compute a non-custodial parent?s child
support obligation based on the income of a new spouse. The idea is
that the non-custodial parent is obligated to pay a portion of HIS
income to the custodial parent to offset costs that would have been
covered if HE had remained in the household and made regular family
financial contributions.
Since the new spouse has no legal obligation to support children not
her own and there is no legal attachment to provide support for her
new husband?s children, her income is not apportioned in the court
ordered support obligation. On the other hand, courts do sometimes
consider a new spouse?s income (particularly when it is substantial)
as sufficient to offset additional or necessary deductions from the
NON-CUSTODIAL PARENT?S income. In other words, they don't actually add
in the spouse's income when they compute the non-custodial parent?s
obligation but they might not be as lenient toward the non-custodial
parent if the custodial parent presents a convincing need and the
court sees that the non-custodial parent has another sufficient source
of income in his household to enable such an increase.
Hypothetically speaking, if the non-custodial parent makes $50,000 a
year and the state standard is to order him to pay 10% of his income
in child support, a court might consider an increase (if the ex
petitioned the court for an increase) if the non-custodial parent
married a women who makes a $150,000 a year. TECHNICALLY the court
would not be taking this from the new spouse, but rather might
consider an increase in the NON-CUSTODIAL PARENT'S obligation in view
of the fact that his expenses are reduced by the income of his new
spouse and he now acquired the ability to maintain his present
lifestyle AND provide better for his children.
Will YOU also be legally mandated to pay a percentage of YOUR income
to support his children? Unless your income is also considered HIS
income (if you are in business together or if you finance his
business, for example) this is HIGHLY unlikely.
You may however jeopardize your assets if you mingle them with his. If
he owes his ex-wife $75,000 in back child support, for example, and he
only has $5,000 in the bank, and you enter the picture and deposit
$70,000 of your cash into a joint account with him, she could,
theoretically get that money. You should consult an attorney to be
certain but you probably have nothing to fear as long as you don?t
JOINTLY hold any finances or assets.
It is also important to note, in the event you need to research other
issues related to his support obligation, that the authority over his
obligation is not affected by where the two of you married, but where
he and his ex wife divorced. The ?court of jurisdiction? will always
remain in the jurisdiction where the divorced was finalized (unless it
is officially moved, usually at the request of the custodial parent,
to a new jurisdiction). So, if the divorce and subsequent support
order was issued in New York, then all legal requirements are set
forth hereafter by New York law. Connecticut law (or any other state)
has no jurisdiction over his obligation regardless of where he
resides.
?Some states specifically allow the court to consider the income of a
new spouse, e.g., California, Hawaii, Louisiana, while other states
specifically prohibit such a consideration, e.g., Arizona, Minnesota,
New Mexico, West Virginia.?
?In the absence of a statutory mandate, the courts have generally held
that the income of a new spouse will not be considered unless such
income is directly used to reduce the expenses of the obligor spouse.?
DIVORCE SOURCE
http://www.divorcesource.com/research/dl/income/95jul138.shtml
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995) (income of new
spouse cannot be considered income to party)
Pratt v. Pratt, 645 So. 2d 510 (Fla. DCA 1994) (income of new spouse
relevant where it is shown that the obligor is limiting his/her own
income and living off the income of the successor spouse)
Leniz v. Leniz, 626 So. 2d 1066 (Fla. DCA 1993) (court cannot consider
income of mother's boyfriend unless he contributes to mother's
household expenses)
LaForge v. LaForge, 649 So. 2d 151 (La. Ct. App. 1995); Greene v.
Greene, 634 So. 2d 1286 (La. Ct. App. 1994) (court can consider new
spouse's income to the extent it is used to reduce party's expenses)
MacVean v. MacVean, 203 A.D.2d 661, 611 N.Y.S.2d 926 (1994) (the
financial contribution of the husband's companion is not income where
her contributions were used to defray the expenses of jointly owned
property and did not reduce the husband's personal expenses)
Matter of Marriage of Hardiman, 133 Or. App. 113, 889 P.2d 1354 (1995)
(income of new spouse is not includable as income, although it may be
factor in deviation)
Matter of Marriage of Ainsworth, 114 Or. App. 311, 835 P.2d 928 (1992)
(court cannot consider income of new spouse)
McCarty v. Smith, ___ Pa. Super. ___, 655 A.2d 563 (1995)
In re Paternity of Steven J.S., 183 Wis. 2d 347, 515 N.W.2d 719 (1994)
(wages paid by the father to his new wife were not income to the
father without evidence father was trying to bury his true income).?
DIVORCE SOURCE
http://www.divorcesource.com/research/dl/income/95jul138.shtml
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