Child support tends to get tricky. There’s a formula involved, but it accounts for many factors. Of course, the income of both parents, as well as level of need, figure prominently into the final amount. In cases of divorce and remarriage, after establishing child support, can your ex come after your new spouse’s income?
Like most court orders, once in place, child support is difficult to modify, though it can be altered. In order to accomplish this, however, you must show a significant change in circumstances. We often answer the question: if you remarry, can your ex come after your new spouse’s income?
Our founding partner, Rick Jones, makes regular appearances on the Danny Bonaduce and Sarah Morning Show, where he addresses questions from listeners. One recent caller had this exact question.
Listen to the answer below:
Caller: “I pay child support and I recently got remarried. Can my ex-husband come after me for more child support, including my new husband’s income?”
Danny: “That is a great question. I’ll tell you how I know. I don’t know the answer at all. So what happens? [Can your ex come after your new spouse’s income?]”
Rick: “Well the answer is most likely no, he can’t come for any support.
“The only question I guess I would have for you to make sure I’ve answered correctly is: ‘Is there any chance that you now are going to give up the job you’ve been working to stay at home either to start a new family or just live the life of luxury?‘”
Caller: “Well, when I got divorced, I had a better-paying job, and I no longer have that job.”
Rick: “Did you do that by choice? Are you voluntarily underemployed, I guess is what I’m asking you.”
Caller: “No, I’m currently employed.”
Danny: “Okay, you’re good. You got the main word from Rick Jones. So does it matter if this guy is Bill Gates? If she keeps her job, are they gonna say, ‘You know Bill Gates is in the house, why doesn’t she have a new Ferrari?”
Rick: “Because it’s not Bill Gate’s kid.”
Danny: “So they don’t care if you married Bill Gates?”
Rick: “It’s a stroke of fairness, god forbid.”
Danny: “I wouldn’t care if either one of you guys married Bill Gates.”
If you have questions about your case or need to consult a divorce lawyer, contact Goldberg Jones. Our San Diego office is here for you!
Related Reading: Do I Have to Pay Child Support if My Kid Moves Out?