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Can child support be based on income of non custodial parents spouse?
Wiki User
∙ 11y ago
Not as a whole, but a portion in states like California which require entry of the income of a spouse or S/O of either or both parents. But, USC 12, SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, "but need not be binding upon such judges or other officials;" and
(3) by adding at the end the following new paragraph:
(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."
Note link below on California.
Wiki User
∙ 14y ago
Wiki User
∙ 9y agoNo, a spouses income is never taken into consideration when child support is being figured. Only the income of the 2 biological parents will be used.
Wiki User
∙ 13y agoSpouses aren't responsible for their spouse's children.
Wiki User
∙ 11y agoNo, child support is based on the biological parents income. no one elses.
Wiki User
∙ 13y agono
Anonymous
Yes, They came after me since I was working and he wasn't. He owed years of child payments. I didn't know that till after I married the dead beat. I divorced him quick.
I was taking care of me and my daughter and I'll be damned the government come after me to pay for his kid. H--- to the no!
Watch out ladies!
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In Florida is a spouse's income included in child support?
No Almost never. In a couple of states, there are some minor loopholes that revolve around cases where there is an open arreage or a recent reduction of support because of a new lower paying job, but in the US at least, a second spouses income does not generally affect your support amount.
If the payor has no job can the souses income be considered in child support?
It depends on the state. Some states allow for spouse income to be affected by child support, like Texas and a few others. There are many however that do not take into account the spouse's earnings so if the non-custodial parents loses their job, their spouse income can not be used in consideration for child support payment amounts.
If the custodial parent gets remarried will the new spouse income be used for child support?
no the new spouse is not legally responsible for a child that is not theirs
Will a new spouse have to pay child support in the state of PA?
Unlike most states, Pennsylvania has no provision for allowing or disallowing a new spouses income in the calculations. It is left at the discretion of the judge ordering support. In many cases, if the new spouse has a significant income which creates a large income variation between the custodial and non-custodial households, a judge will rule to include the new spouse's income in the calculations.
Can a custodial parent seek child support payments from the non custodial parent's new spouse if non custodial parent is unemployed?
No. She has no legal responsibility to support the children. Only the biological parents have any responsibility for child support.
Is Illinois a state that combines income of new spouse for child support?
No. Child support is paid by non custodial parent, not step parent. Income of a New Spouse: Contrary to common belief, Illinois law permits judges to consider the income of a second spouse when establishing or modifying child support awards. The door swings both ways, too. A custodial parent who remarries a well-to-do spouse may suffer a reduction in child support to be paid by the non-custodial parent.19 Likewise, a non-custodial parent who remarries a spouse of substantial means may be required by the court to pay a higher child support than if the marriage had not taken place. http://www.illinoisdivorce.com/family_law_articles/etsblishing_child_support.php
Can a custodial parent seek back child support payments from non custodial parents spouse if non custodial parent is unemployed in the state of Florida and her new husband adopted them?
The new husband is not responsible for the NCP's unpaid child support.
Can the non custodail parent pay less if the custodial parent remarries?
Probably not, unless there is an additional change in circumstance. Child support is generally based on a formula that takes into account things like income (or income earning potential), health insurance, child care and other expenses. The income of the new spouse is not one of the factors in this calculation. However, support of another minor child is, so if the custodial parent has another child in that marriage, that may affect the calculation. You'll need to check the laws in your state but in most states the spouse's income is not factored in unless the custodial/non custodial parent is living solely off of his/her spouse's income.
Is the child support amount based upon the ex-spouse's household income in Arizona?
No, not the whole household's income, just the ex-spouse's income. If he/she is remarried the new spouse's income does not count. Only the biological parents pay for their child.
In Louisiana if the non-custodial parent remarries can their new spouse's income be included for child support?
Not automatically, but can be raised as a rebuttable presumption. see links
Does Iowa consider income of remarried custodial parents?
Currently, Iowa does not include a designations as regards the income of a new spouse, or a difference in household incomes, however that may change to address the problems generated as a result of layoffs and reductions in child support orders. See links below.
Does spouse income count in Indiana for child support?
No, unless the spouse is also a biological parent of the child.
