Recalculation Child Support upon remarriage


#1

I currently pay my ex Child Support based upon her $40K income.
She is dating a rich guy. If she remarries, she will likely work even less. She is a CPA.
Our agreement says that CS will be recalculated every year based on last year’s tax returns.
My questions is, how does her new spouse’s income factor into CS calculations? She is likely to reduce her income in order to care for his kids (and because she doesn’t like to work outside the home).
Thanks!


#2

The income of a new spouse is not a factor in determining child support. The court can however, impute income to your ex wife up to the amount she is capable of earning if the court finds that she is depressing her income in bad faith in order to get more support from you.