New Spouse Income as a Factor in ability to pay?

North Carolina Divorce Law Divorce and Separation Answers
1

The income of your spouse can be considered when determining ability to pay. The court will review your spouses living expenses, and while those living expenses may have had an impact on his ability to pay if he lived alone, the court may give that issue less consideration if there is another adult in the home able to contribute to those expenses.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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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.

2

I read that under normal circumstances the court does not consider the income of the new spouse in determining child support. So, is it ok for the income of the other spouse to be a determining factor in the party’s ability to pay?

My income was noted by the court as ‘substantial’ and therefore my husband is deemed to have hte ability to pay. It is in the order from the Judge. Is there are threshhold that Judge consider ‘substantial’? $50K doesn’t feel like its substantial, lol.

Thanks for the insight. My gut says, no way!! but I have only found the one reference to considering my income, and that was related to determining the support of our 2 children, prior to determining the child support award. I can’t find anything on relative ability to pay.