If You Remarry Can Your Spouse’s Income Be Considered In Your Child Support Order?

child support2Child Support if You Remarry – Many clients ask whether their spouse’s income will be calculated in their child support order.  In most cases, the answer is no.  However, there are circumstances where a spouse’s income can be considered.  Child Support Guidelines Chapter 458-C:2. IV (b) states:

“The income of either parent’s current spouse shall not be considered as gross income to the parent unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the spouse shall be imputed to the parent to the extent that the parent had earned income in his or her usual employment.”

Underemployed or Not Working

Consequently, if a parent chooses to not work, or is under employing themselves (unless the parent is physically or mentally incapacitated) a judge can impute some of the income of the new spouse to the parent.  This assignment of income can cut both ways because child support is based on both parent’s combined monthly income.  If either parent is under employing themselves or refuses to work their spouses’ income may come into play. It is best to seek the advice of an experienced Family Law attorney such as Theresa Spearing to better understand if your spouse’s income will be taken into consideration in your child support order.  Call 1-800-240-1988 or fill out our online contact form.

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