My ex-husband married a high-earner; can my child support increase?
In California, the California Family Code establishes the presumptive child support obligations for divorcing parents. California courts do not automatically recalculate a parent’s child support obligation if he remarries – his new wife’s income does not usually have an effect on support obligations.
However, there are certain circumstances where the court will require a parent to pay additional support based on their new spouse’s income.
The California Child Support Guidelines require courts to calculate child support based on the respective earnings of each parent. Child support obligations continue until at least 18 or 19 depending on if the child is attending high school on a full-time basis.
Each parent’s financial support obligation depends on:
- The time spent with the minor children
- The total income earned by each parent
- The number of children involved
- The medical and education needs of the children
When a parent shows that circumstances have significantly changed, California courts have the discretion to order new child support awards or modify the existing one. In addition, the parent’s support obligation may be changed if it would be in the child’s best interests.
When a parent remarries, California law doesn’t consider the remarriage alone as a basis to modify the parent’s child support obligation. California Family Code Section 4057.5(a) (1) states, “A new spouse’s income is not a legitimate reason to modify a parent’s support obligation.”
Bottom line: the court usually will not deviate from a previously ordered child support award to consider either parent’s remarriage. A new spouse’s earnings do not affect the parent’s existing obligation, and he remains independently liable for his existing obligation.
To speak with a lawyer about a divorce, child support obligations, or other family law matters, contact the Orange County family law offices of Amy M. Montes.
