Can my ex wife go after my new spouse's income?

Asked by: Max Yost DDS  |  Last update: September 2, 2023
Score: 4.9/5 (75 votes)

People often remarry, start new families, and establish new households after divorce. One common child support question is whether or not a new spouse's income impacts your payments? In general, the answer is no. Only your income and your ex's income factor into the equation.

Can my ex wife go after my new wife's income?

A new spouse's earnings do not affect his existing obligation, and he remains independently liable for his existing obligation. Similarly, if a noncustodial parent remarries, the child's mother cannot seek an upward modification based on the new spouse's income.

Can I go after ex husband's new wife's income for child support in Texas?

A New Spouse's Income Won't Affect Child Support in Texas

The Texas Family Code makes it clear that courts shouldn't consider a new spouse's income in calculating child support.

Do step parents income count for child support?

Although a stepparent's income is typically excluded from calculating a child support award, the biological spouse's half of community property or their share of marital assets, or marital income from a jointly owned business, can be used to pay court-ordered child support.

Can I go after my ex husbands new wife for child support in California?

Under this framework, each spouse has joint ownership of the marriage assets. If one spouse refuses to pay child support for their child from a previous relationship, the court might act on an order against the community property of the current couple. However, they cannot go after the new spouse's job earnings.

Does my spouse's income affect how much I pay in child support?

35 related questions found

Does my new wife's income count for child support in California?

Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered in cases where not to do so would cause extreme and severe hardship to the child involved.

Can new spouse income be considered for alimony California?

Remarriage & Child Support in CA

Judges are prohibited from considering a new spouse's income, unless both of the child's biological parents do not earn enough money to properly provide for the child's basic needs or other extraordinary circumstances.

Can I sue my ex for claiming child on taxes?

Be aware that for tax filing purposes, though, divorce decrees aren't enforceable. The IRS adheres to federal laws for dependent deductions. That means when you and your ex file competing claims, the dependency exemption reverts to the custodial parent.

Will child support automatically stop at 18?

Will Child Support Stop Automatically? If your child support payment is withheld from your paycheck automatically via a Wage Withholding Order, your child support payment may not stop automatically when your child turns 18.

Do step parents have rights?

A step-parent with Parental Responsibility has the same legal rights, duties and responsibilities as a natural parent or other person with Parental responsibility would have. Parental Responsibility is the same for each person that shares it in respect of a child.

Does my partner's income affect child maintenance?

No, it's assessed on your salary only, not your partner/wife's.

Do I still pay child maintenance if my ex remarries?

Whether or not you have remarried, or your ex-partner has remarried, does not affect the obligation to continue paying child maintenance.

What is the minimum child support amount in Texas?

Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...

Can his ex wife get my money?

If the divorce court awards you alimony – sometimes called spousal support – the judge is effectively saying yes, you do have a right to some of your ex's money. Judges base alimony on a number of factors, including your income, your spouse's income and your former standard of living.

Does child support go down if the father has another baby in PA?

Talk to an attorney about modifying existing orders when new children come along. If your support orders total more than 50% of your monthly income, the law may allow a reduction.

Does child support go down if the father has another baby in Oklahoma?

When another child is born to that parent, they have now become responsible for the support of two children. Thus, the court is likely to divide the amount of overall support so that each of the children receives an equal percentage for their care.

When should I stop paying child support?

When does child maintenance stop? If child maintenance has been paid under a Child Maintenance Service Agreement, then the law states that maintenance will be paid until: The child is 16 years old. The child is 20 years old if they continue in full-time education to the end of A- levels.

At what age do you stop paying child support?

Contacting the Child Maintenance Service

You're normally expected to pay child maintenance until your child is 16, or until they're 20 if they're in school or college full-time studying for: A-levels. Highers, or. equivalent.

Do you still have to pay child support if the child goes to college in Texas?

When a child goes to college, parents may negotiate the continuing payments of child support until the child graduates. Child support does not typically extend beyond the age of 21. A divorcing parent in Texas may retain the services of an experienced family law attorney to assist with child support issues.

Which parent gets the child tax credit?

Qualifying parents and guardians with qualifying children

2021 Child Tax Credit payments are made to eligible parents and guardians based on the number of qualifying children they have. Payment amounts for each qualifying child depend on the child's age and the parent's annual income.

Which parent has the right to claim child on taxes?

You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year.

What happens if 2 parents claim the same child?

If both parents claim the same child for child-related tax benefits, the IRS applies a tiebreaker rule. If a child lived with each parent the same amount of time during the year, the IRS allows the parent with the higher adjusted gross income (AGI) to claim the child.

How can I avoid paying alimony?

Now let's discuss How to avoid Alimony in India?
  1. If the Wife is Accused of Adultery. ...
  2. Get the Marriage Over With As Soon As Possible. ...
  3. If Wife Earns Well. ...
  4. If You Prove That They Don't Need It. ...
  5. If You Have Physical Disabilities. ...
  6. Change How You Live. ...
  7. If Your Spouse Has Started Living With New Partner.

How can I get out of paying alimony in California?

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

What is a non working spouse entitled to in a divorce?

What is a non-working spouse entitled to in a divorce? A non-working spouse is entitled to receive alimony payments from their ex-spouse and can acquire up to 50 percent of property. However, this depends largely on whether they are voluntarily or involuntarily unemployed.