Skip to content

Child SupportChild Support: Is My New Spouse’s Income Used to Calculate My Payment?

April 11, 2012

One of the most frequent questions I am asked goes something like this:  

I am paying child support for my children pursuant to a New York support order.  I have just remarried.  Will my new spouse’s income be used to calculate child support to be paid to my ex? 

The answer is generally no.   Your new spouse is not responsible for paying to support your children from a prior relationship. The exception is, however, if your children are going to seek public assistance, your new spouse’s income may be considered.

A more problematic scenario arises when the new marriage allows you to avoid an expense, and by virtue of not incurring an expense, you have imputed income.  For example, suppose you move into your new spouse’s fully paid for home (obtained through his/her divorce); you would, in theory, have no housing expense.  By virtue of not having a mortgage or rent payment, you now could have more money available to spend on your children.   

If  you and your new spouse file a joint tax return and there is an application to modify child support, the joint tax return will be have to be produced, but only your income will be used to make the support payment calculation.   

The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 


Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

Call Now Button