Is Spouse Income Considered in Child Support in California?

Many people ask if the income of a new spouse of a party receiving or paying child support is factored into the child support calculation. The answer for either the payor or the payee is no, for the most part. While there are many factors used in calculating child support, a new spouse’s income is not one of them. A new spouse is not obligated to support a child from a prior marriage or relationship.

Child support is intended to ensure that the child’s basic needs are being met in both parents’ households. The responsibility of making sure the child’s basic needs are being met falls on the parents of the child.

Under California law, a new spouse’s income is not used in the calculation for child support. It may only be considered in rare cases where not considering the new spouse’s income would cause extreme and severe hardship to the child or children involved. In a vast majority of cases, the child support calculation is factored strictly by the parent’s gross income.

The remarriage of a parent does not entitle a party to request a modification of a child support order. A request for a modification of a child support order requires a change in either party’s income, and change in timeshare/parenting time, or both since these are the factors used in the child support calculation.

Although a new spouse’s income may not be a contributing factor in the child support calculations, their tax returns with their income information may be subject to disclosure to the opposing party if the remarried parties file taxes jointly. Because California is a community property state, a new spouse’s income may increase a parent’s taxable income, pushing them into a higher tax bracket, and that may have an effect on the parent’s level of support.

In cases such as these, it is advisable for a party to seek the advice of an experienced family law attorney with knowledge relating to child support orders and modifications.