Effect of new spouse's income


#1

no, his new spouse’s income has no bearing on your child support.


#2

Her income would only become a factor if they have a child together…I do not believe that it factors on alimony regardless…


#3

The financial affidavit requires the allocation of the needs and expenses between the custodial parent and the child or children. A fixed percentage may be used to apportion the expenses unless there is evidence that such a division is unreasonable. However, when the custodial parent remarries or lives with other third parties, he or she cannot total the expenses for everyone present in the home and then allocate a pro rata share to the child. Further, the present reasonable expenses of each parent only take into account actual or already planned expenditures. Any expenses that have not yet been paid and not concretely planned for will be viewed with suspicion. In other words, do not inflate the expense items on your affidavit.

This is take from the Rosen site in regards to child support. It mentions about the custodial parent remarrying. I would think if the non custodial parent also remarries then his financial affidavit should show that his living expenses are shared by others in the household. For example if his affidavit shows he spends X amount on rent and X amount on electricity, if other adult lives in his home they should be expected to pay their share. The same would be true if I had another adult living in my house.


#4

so then you’re saying if you remarry or have someone live with you then you would be entitled to less child support? That your new boyfriend/spouse would be responsible for paying for children that aren’t his own. Of course most steps do pay for things for children but fortunately the system doesn’t mandate it. The system is bad enough, would you want it to work that way? His girlfriend/future spouse’s income may help him financially but it will be his income and his assets that are used to calculate child support.


#5

Right. But he is not filing the affidavit that his electricity or rent has doubled due to his living arrangements. And they may not share those expenses. His living expenses do not affect what he pays in child support. The only thing affecting that is his salary, # overnights, and expenses such as insurance or daycare. The courts do not care if someone else is paying your rent, mortgage or car payment as long as you pay what you owe in child support.
In fact, what you quoted from the home site would be a good example to use for the other poster who’s ex used the insurance amount for the entire family including the new spouse figuring into the child support calculations. But this really does not change your situation. If you remarry or cohabitate then your child support should not change due to the other person’s finacial situation. Child support is you and your ex taking care of the child you had together and only when other children are financially involved does it become necessary to involve the 3rd party. The statement is saying that living expenses can not be increased on the affidavit due to remarrying or cohabitating, it does not say that you can not decrease your living expenses if you are able.
Basically, you can not increase child support just because he may have decreased his cost of living by having someone to share the finacial strain. I know that is not what you wanted to hear…


#6

In my situation after PSS/Child support trial, spouse says he is having trouble paying bills and avoiding bankruptcy. His income has not lowered, but his expenses are high trying to keep up two households (the family home and his home, which he shares with his girlfriend who works). What I am wondering is if it goes back to another trial or a permanent alimony hearing, will financial affadavits be presented again and can my atty question him on who else is living in his house and sharing expenses.

I see what you mean in that another person should not be responsible for children who do not belong to them or responsible for someone’s alimony, but if my spouse is lying and saying he can’t make ends meet because he pays x amount for a mortgage, shouldn’t it be taken into consideration that he only really should be paying 1/2x.


#7

Addendum.

I am not asking for an increase in child support, just that it doesn’t decrease due to the fact that the child’s father now supports a new adult and her adult child in his home. He also lives in a home bigger than his family home and more expensive. Again should his children pay for that?

In this respect, the children of the father suffer, and the girlfriend gets a free ride.

Would my atty be able to request the W-2 of the girlfriend.In the PSS trial spouse alluded to the fact that he had someone living in his home but said she brought home a salary which was much less than what I believe she really makes in her job. Spouse is also claiming he can’t pay his court ordered SS/CS due to his high atty fees and other bills. Once again, why should his children suffer for this.

(the CS was over guidelines as spouse makes a salary that is off the guidelines chart, if that helps)


#8

Your ex’s income and expenses are the only ones that will be used to calculate child support and alimony, his girlfriend’s or wife’s income and/or expenses will not be uses unless they have a child together.

Generally, the fixed living expenses in a household do not greatly increase if there are two adults living in a home instead of one.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

I also have to add that eventhough the girlfriend has a job, that doesn’t mean they’re splitting bills 1/2 and 1/2. When your STBX lived at your home, did you and he split bills 50/50? I would not think it would be anybody’s business what the salary was since it’s irrelevant. If she won a million dollars at the lottery, that is her money-not his- and has no bearing on his obligation to his children.


#10

I guess what I am trying to say is that I do not think it is fair for a father to ask that his court ordered child support be lowered just because now he has another family (girlfriend and her daugher) to support and they live beyond their means.


#11

Kate, while you may think that your ex is thinking that he wouldn’t dare use that as his reasoning for trying to get lower support, nor would his lawyers let him. He has to support his children and his new girlfriend and her child will not figure into this equation. I know you are very angry about this but are you anticipating something that has not even occurred?


#12

You are right mal. I am angry and this scenario has not occurred. What has occurred is that I know I can not trust ex or his atty and he is in a bind for money and will be dishonest to get it and that will hurt the kids. After court ordered PSS and child support was set, he had his atty send a counter claim (I do not know the legal term) to now say that “I” committed marital fault (an affair prior to separation) and for this reason he felt he had to leave the marital home . The complaint went on to say that for that reason he should not pay alimony. (Meanwhile, he is committing adultery.) It was all a lie, and he knew it, he even told our children he lied to get out of paying alimony. In this way he is not only hurting me, he is hurting the children as even with my current job I could not afford to live in the marital home with some spousal support. My atty sent a letter back to his asking for it to be rejected, and they did withdrawal it.

But as you see, I can not trust him to be truthful.


#13

sounds like you have good legal advice and sounds like he knows he is on shakey ground and grasping for straws. Don’t waste too much energy on this man, he’s not worth it. For the sake of your sanity and your health focus on the positives like your children and things that make you feel good.


#14

And the good news is that now he is someone else’s problem. Let him waste his time trying to get out of his obligations…he’ll spend even more time and money trying to do that than he will if he just accepts that for the time being this what he has to do.


#15

My spouse is currently cohabitating, having his girlfriend and her adult age child who attends a community college, live with him. They plan to marry after the divorce. How will his new spouse’s income affect what he is paying for child support and alimony. I was the dependent spouse when we were married (85% him, 15%me in regards to our income) His girlfriend makes more than I do. Doesn’t that figure into some calculation in regards to his cost of living expenses as his expenses are shared with someone. I live alone with our 3 minor children.