Monday, March 7, 2011

CAN MY HUSBAND'S EX-WIFE GET MORE SUPPORT BASED ON MY INCOME?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION:
Hello Mr. Conviser,

I read your blog regularly, it has been extremely helpful during my boyfriend's stressful divorce. It's been almost 16 months now since the divorce was filed and both parties served and there are still property and custody issues being argued. It appears that this may drag on for some time. My question revolves around my potential future with this man. All of the parties reside in California and the matter is being heard in California.

If my boyfriend and I were to get married after his divorce is final, can his ex-wife petition the court to have the child and/or spousal support order(s) changed based on my added income?

Thank you for your time.

ANSWER: Thank you for your e-mail. I'm pleased that you are following my blogs.

In response to your question, new-mate income of a subsequent wife or nonmarital partner is not considered in determining or modifying child support, with very limited exceptions. Family Code Section 4057.5 is the statute which addresses the issue.

An exception may be made only in an extraordinary case where excluding that income would lead to extreme and servere hardship to any child subject to the child support award - but in that case, the court would need to consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or the obligor's new mate.

For purposes of Section 4057.5, subsection (b) states that an extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse's income.

Unless 1) your fiance is planning to quit his job or to be and remain unemployed and rely solely on your income for your household's costs of living, and 2) that by his doing so, it would cause extreme and severe hardship to the child/children, it is unlikely that the exception to Section 4057 would be available to the child's mother.


REPLY TO ANSWER: Hello Mr. Conviser,

Thank you VERY much for your reply. It is much appreciated.

Good news is that my fiance is NOT planning to change his employment in any negative way.

Please feel free to use my question in your blog.



This blog has been brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, welcoming people to participate in this educational forum by asking him questions about divorce or family law www.conviser.net

1 comment:

Elizabeth said...

This is a great question/answer as we have many cases at my office that involve the ex wife quitting her job when she remarries to be a SAHW and relies exclusively on the new husband's income. Thanks for sharing!