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  1. #1
    Join Date
    May 2012
    Posts
    140

    Default Can a New Wife's Income Count for Child Support if the Dad Does Not Work

    My question involves a child custody case from the State of: VA

    I hope this makes even any sense.
    My ex is planning on getting married next spring. He is barely working right now and I am wondering/ afraid that he will stop working completely after he gets married so he doesnt have to pay support. His fiance has a really good job and makes good money. If that is the case and he stops working would her income count to pay support since they will be married?

    (I already went to court in regards to the non payment of current child support. I am just curious about it)

  2. #2
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Can the Wife's Income Count if the Dad Does Not Work

    If he voluntarily quits his job he may be imputed income based upon what he reasonably could be making. As his new wife is not obligated to support the child, only his income is used to calculate child support. If her income is reducing his household expenses that could factor into the calculation of support.

  3. #3
    Join Date
    Sep 2017
    Posts
    495

    Default Re: Can the Wife's Income Count if the Dad Does Not Work

    Just because he doesn't work doesn't mean he doesn't have to pay anything. He can stop working, but he won't stop being obligated to provide some support to his children. His new wife is not obligated to support your kids, so her income is not relevant.

  4. #4
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Can a New Wife's Income Count for Child Support if the Dad Does Not Work

    No her income is not included in his child support calculations. The only thing it might affect after they get married is if they file joint tax returns.

    If she wants to pay his child support, that's on her. She doesn't have to and if he doesn't pay it, then arrears will accrue.

  5. #5
    Join Date
    Dec 2016
    Posts
    172

    Default Re: Can a New Wife's Income Count for Child Support if the Dad Does Not Work

    Check the laws in your state. For a new spouse's income to be considered, there are have to be specific factors at play. It is really very uncommon for a new wife's income to be included. When I married my husband, I made about double his income. (Please note that he still made good money, and paid his support on time.) The mother took him to court and tried to argue that my income should be included in the support calculations. The court disagreed. The only thing they allowed was for him to no longer get a deduction for support paid for an existing child that was born prior to her kids. Technically, even that was a stretch for the court to decide.

    After that occurred, I opted to no longer allow opposing party to see my financial records. I wasn't a party to the case.

  6. #6
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Can a New Wife's Income Count for Child Support if the Dad Does Not Work

    Quick Google search on Virginia child support and new spouse:

    A New Spouse May Be Relevant to Child Support

    As seen above, a new spouse isn’t required to support your children from a past relationship. But that aside, a new spouse’s presence may very well play a role if you’re seeking to modify an existing child support order. A Virginia court case provides the reason for this. In its decision, the court held that remarriage could change a parent’s ability to provide child support. How so? The decision specifically references the impact on a parent’s expenses. For example, let’s say that your new spouse is contributing to household costs, such as mortgage or rent, utilities and groceries. The more your spouse contributes, the less individual income you have to spend on those costs. In effect, this leaves you with more income to apply to supporting your children. The court can consider this scenario in determining whether a child support modification is justified.


    So the one thing a new spouse could do is change the amount he has to pay because he may be contributing less to household costs.

  7. #7
    Join Date
    May 2012
    Posts
    140

    Default Re: Can a New Wife's Income Count for Child Support if the Dad Does Not Work

    Quote Quoting qwaspolk69
    View Post
    Quick Google search on Virginia child support and new spouse:

    A New Spouse May Be Relevant to Child Support

    As seen above, a new spouse isnít required to support your children from a past relationship. But that aside, a new spouseís presence may very well play a role if youíre seeking to modify an existing child support order. A Virginia court case provides the reason for this. In its decision, the court held that remarriage could change a parentís ability to provide child support. How so? The decision specifically references the impact on a parentís expenses. For example, letís say that your new spouse is contributing to household costs, such as mortgage or rent, utilities and groceries. The more your spouse contributes, the less individual income you have to spend on those costs. In effect, this leaves you with more income to apply to supporting your children. The court can consider this scenario in determining whether a child support modification is justified.


    So the one thing a new spouse could do is change the amount he has to pay because he may be contributing less to household costs.


    Thank you! I will keep that in mind for next year when is time to request some changes!

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