Can my ex-wife include my new wifes social security disability when calculating child support? 3 Answers as of May 23, 2011

My wife is on social security disability for a near fatal brain tumor that left her with debilitating conditions including Epilepsy. Her medical expenses exceed her SSD payments. My ex-wife is trying to include her income, but not her expenses with my pay to calculate child support. Is this legal? How do we fight it?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Most of the time it will make your support obligation lower, and it is proper to include it in California.
Answer Applies to: California
Replied: 5/23/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. New mate or new spouse income is not available as a basis for your ex-wife to seek child support or a modification of child support. Your new wife's income should be shown on the appropriate page of your income and expense declaration so that the tax impact of her income can be considered in calculation of support, but your new wife's income cannot be considered as income available for support.
Answer Applies to: California
Replied: 5/19/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
New spouse income is included in the calculation, however it does not have the impact you would expect. It is included only for purposes of determining your tax rate on your income. Thus, her income can only kick you into a higher bracket, and thus reduce your support. If you are in my area and need an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/19/2011
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