When making child support orders, courts generally only consider the income of the parents and the amount of custodial time that each parent has with the minor children. The California Family Code has provided a guideline formula for determining child support and courts will generally stick to this guideline in making child support orders. However, there is an exception to this guideline formula that allows courts to consider the non-marital partner or new spouse income in child support orders. If you or someone you love is involved in a case involving child support, you should seek out the expertise of an experienced child support attorney at Wallin & Klarich today.
New Spouse Income in Child Support Orders (California Family Code Section 4057.5)
Under California Family Code Section 4057.5, the income of your new spouse or non-marital partner cannot be directly considered in child support calculations except in extraordinary circumstances where excluding that income would lead to extreme or severe hardship to any child subject to the child support award. It can be difficult to determine whether an extreme or severe hardship is present in your child support case. Thus, you should rely on the knowledge and experience of our Wallin & Klarich child support attorneys when a new spouse or non-marital partner is involved.
Extraordinary Circumstances
The only exception permitting consideration of new spouse or non-marital partner income in determining or modifying child support is in the event of an extreme or severe hardship to the child. Unless the supported child will suffer if the court does not look to the income of a new spouse or non-marital partner, such income cannot be considered. However, if extreme and severe hardship to the child can be shown, the court must take into consideration the income of a new spouse or non-marital partner.
It is important to note that in cases where an extreme or severe hardship has been shown, the courts will also look to see if there are any other children that will be impacted by the court’s decision. If including the new spouse or non-marital partner income would lead to extreme or severe hardship to any child supported by the new spouse or non-marital partner, the court has discretion to exclude the new spouse or non-marital partner’s income in a child support determination.
California Family Code Section 4057.5 has outlined examples of “extraordinary” cases where income has been intentionally suppressed or hidden. Where a parent has voluntarily or intentionally quit work or reduced their income, or where a parent intentionally remains unemployed or underemployed and relies on a new spouse’s income the court may consider this an extraordinary case and consider the new spouse or non-marital partner’s income.
The law surrounding new spouse or non-marital partner income can be very confusing. You should not attempt to obtain a child support order or fight against an order requesting that your new spouse or non-marital partner’s income will be considered without an experienced Wallin & Klarich child support attorney fighting to protect your legal rights.
Call the Child Support Attorneys at Wallin & Klarich
If you are facing a family law case where there are children involved, it is important that you seek out the representation of an experienced Southern California child support attorney. Our child support attorneys have over 30 years of experience in handling all types of child support matters.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville, and Ventura, we are always available, wherever you happen to live.
Call us today at (888) 749-7428. We will be there when you call.
