Can The Judge Consider A New Spouse’s Income For Child Support Enforcement?

By Danielle Levy, Associate Attorney at Grossman Law & Conflict Management.

child support enforcement

It is common for people to remarry after divorce. New spouses are often thrown into the middle of their spouse’s post-divorce challenges dealing with enforcement or modification of alimony and child support.

Remarried clients ask us:

  • “Will the Judge consider my new spouse’s income when modifying a support order?”, or
  • “Will my ex-spouse be able to obtain information about my current spouse’s income and assets?”

So, can the Judge consider a new spouse’s income for child support enforcement? Generally, the Courts will not consider the new spouse’s income and assets to modify or enforce alimony and child support. While this is the general rule, there are some exceptions.

Both parents have a fundamental obligation to financially support their children. In post-divorce cases pertaining to child support, the parent seeking the other parent’s financial information must demonstrate that the other parent is deliberately reducing their income to avoid paying support or to collect more support.

The parent wishing to use the other parent’s new spouse’s income must show the Court clear and convincing evidence that new spouse’s funds should be considered. Although this is a high burden of proof, it is not impossible. It is not sufficient to just present evidence that the ex-spouse benefits form the new spouse’s high income. However, courts have determined that transferring assets into the new spouse’s name in order to avoid alimony and child support makes the new spouse’s finances relevant.

A former spouse can object to discovery requests for his/her new spouse’s income information by arguing it is an invasion of privacy and questioning the relevancy.

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Have questions regarding child support enforcement? Email, or call toll free: 877-687-1392, or locally: 239-210-7516.

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Does Every Divorce Need a Shark

Getting A Divorce Without A Prenuptial Agreement

Most divorcing couples didn’t anticipate facing a divorce, and are learning about their rights and divorce law for the first time. What do you do when you’re getting a divorce without a prenuptial agreement?

Prenuptial Agreement

When a couple enters into a marriage, it is a time of celebration, positivity, and a little bit of blindness. If people knew at the time of divorce what they could have known before entering into marriage, they may have made different decisions. The court will not care as much as you do about how your spouse contributed to the marriage’s breakdown. Divorcing couples accusing one another of doing “bad” things only contributes to the hostility and increases the cost.

A well planned prenuptial agreement made in advance of marriage, or in some circumstances a post-nuptial agreement which can be made after the parties marry, may be the best course of action to secure your interests in the future.

To learn more about preparing prenuptial agreements, click here. Would you also like to learn more about emotions during a divorce, read my free e-book: Does Every Divorce Need a Shark?

Have questions regarding the prenuptial agreement? Contact me online or call me at my toll free number: 877-687-1392, or my local number: 239-210-7516.

Does Every Divorce Need a Shark