CAN MY CHILD SUPPORT OBLIGATION BE INCREASED?

QUESTION: I live in California and have 50/50 (joint) custudy. I am paying a pretty minimal amount for child support right now. My ex is remarried and she does not work but her new husband makes twice my income. She is threatening to take me back to court for more child support just so I will have to work more overtime to make the child support payments and she will get most of "My" time with our daughter. does she have a case? Can her new husbands income be a consideration? I don't want him to pay me child support, I just don't want to pay her more MY RESPONSE: Your ex-wife's new husband's income won't be considered by the Court in child support matters concerning your child. If your wife was working at the time of the last child support order, and isn't working now, your child support obligation could increase, unless you can get the Court to impute income to your ex-wife by providing the Court credible and admissible evidence of her ability to earn (education, training and experience) and evidence of jobs available in the area for which your ex-wife is qualified, as well as what those jobs would pay. You would best retain an experienced Family Law Attorney to represent you in the child support matter.