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Family

Mar. 25, 2010

New Spouse's Income in Factoring Child Support

Mitchell Jacobs and Patty Rabiola of the Law Office of Mitchell A. Jacobs say courts are reluctant to calculate a new spouse's income into child support payments.

By Mitchell Jacobs and Patty Rabiola

One of the most common questions asked by family law clients is, "Does my new spouse's income increase my obligation to pay support for my child from a previous marriage?" The answer is that courts are reluctant to include a new spouse's income for purposes of calculating child support. Prior to 1994, the court had the authority and discretion to consider a new spouse's income when setting a child support award. Thereafter, the Legisla...

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