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If your ex remarries..

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Sparkles posted 8/22/2013 12:31 PM

is their new partners money considered when calculating child support?

Reality posted 8/22/2013 12:33 PM

From what I understand, yes. During the mandatory classes you have to take during a D if you have children here in Arizona, the speaker gave a long story about how she was liable for child support for her husbands children from a previous marriage. And that even after he passed away, she had to fulfill the agreed upon amount until the kids outgrew CS.

No idea if that's standard everywhere, but I'd suspect it is.

LadyQ posted 8/22/2013 12:38 PM

That's not part of my "standard" agreement in Texas. If he remarries,only HE is responsible for his children, not the new wife.

EvenKeel posted 8/22/2013 12:39 PM

And that even after he passed away, she had to fulfill the agreed upon amount until the kids outgrew CS.

Holycatz - really? I never realized that.

tryingagain74 posted 8/22/2013 12:43 PM

I don't think that's the case in NY-- here, you lose your alimony if you get remarried, but CS isn't affected (at least that was never mentioned to me by either the mediation attorney or my personal attorney, and I never read any language in my legal agreement that stated as such).

LadyQ posted 8/22/2013 12:44 PM

In my agreement, it only says that child support will be paid out of his estate should he die while he still had to pay. That's what the life insurance policy is for.

lostmommy posted 8/22/2013 12:46 PM

I don't think that's the case in NY-- here, you lose your alimony if you get remarried, but CS isn't affected (at least that was never mentioned to me by either the mediation attorney or my personal attorney, and I never read any language in my legal agreement that stated as such).

This is my understanding for NY as well. My SO's ex is getting remarried and it seems that her new spouses' income will be taken into consideration so that SO can get a CS reduction. That's in NJ.

Cookie7088 posted 8/22/2013 12:53 PM

I just contacted one of my law school friends who practices in Arizonia...

"Your income is not considered for child support purposes because you have no legal obligation to provide support for his child."

Reality, you might want to clarify that with an attorney...as it doesn't sound textbook...

sparklezombie posted 8/22/2013 13:00 PM

In my state, no. New spouse's income is not used to calculate child support

hummingbird8 posted 8/22/2013 13:37 PM

In indiana, no.

Fireball72 posted 8/22/2013 13:54 PM

In Maryland, it is not. My husband's XW cannot claim my income for CS in any manner - and, quite honestly, I don't think she should. I don't mind voluntarily helping out my husband's children (and I do), but to be forced into it is, in my mind, seven kinds of wrong. I'm sure that it's hard, but people shouldn't be forced by the state to help raise children that aren't their own - that's just not right.

Also, be aware that (at least here in my state) this extends also to tax refunds. If my husband and I file jointly, I can simply write "INJURED SPOUSE" on the top of the form, and any income tax refund assigned to me is automatically protected - the state cannot "take it" for any arrears that might be owed. They could take his... but not mine.

Something to think about.

ETA: My husband's XW is in Texas, and as far as I know, it is also not permitted there, either.

The law I mentioned for "injured spouses" can be found here; it is form 8379 and must be filed with a tax return every year:
http://www.irs.gov/uac/Seven-Facts-about-Injured-Spouse-Relief

[This message edited by Fireball72 at 2:07 PM, August 22nd (Thursday)]

AStar posted 8/22/2013 13:54 PM

Generally, the money earned by the new spouse is not used in the calculation of CS. New spouse has no legal rights to the child and therefore no legal obligations to the child. This is applicable where I live, and generally is a common law application.
If it is not, it may be advisable to have this as part of a pre nup which indicates that the new spouse has no obligations to debts of the new H/W incurred before the marriage (you may want to consider during M). This will include CS, so as to safe guard the income of the new spouse.

stillstrong posted 8/22/2013 15:52 PM

My income was considered as part of total household income and care of our own children together when calculating CS in NY state for his children with his ex. In other words, my salary didn't count for calculation purposes for ex's CS, but it was considered for purposes of deviating from standard. KWIM?

sparkysable posted 8/22/2013 17:12 PM

Definitely not the case in NY. My income was never involved regarding his CS with wife#1.

ruinedandbroken posted 8/22/2013 18:13 PM

In Florida the spouses income does not come into play.

Sparkles posted 8/22/2013 18:14 PM

Thanks for the replies.

The reason I asked was because I had a conversation with another mom going through a divorce. She stated that her stbx had a 1st wife and children and that when they calculated cs payments they included her salary. Now that they are separated he can't afford to pay child support. It just surprised me.

In case you are curious: First wife is in HI, current wife in WA and husband all over because he's in the navy.

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