Learning About Divorce

When your ex gets married or moves in with their significant other, you may be wondering how that will affect child support. After all, their household income is now higher, perhaps significantly so. Unfortunately, this isn't likely to benefit you, though a team of child support lawyers may tell you differently depending on where you live. Read on to get the facts about how your ex's love life affects the amount of child support you pay or receive.

Can you use your ex's household income for child support calculations?

Laws vary across the nation, but typically, child support is based on the income of two parties: you and your ex. Other household members do not affect this calculation, whether you moved in with your parents to save money after the divorce or your ex recently got married.

The reason for this is that child support is meant to ensure your child receives the same standard of living that they would if their parents were still together. Adding another income earner into the mix would skew this, making it unfair to either you or your ex.

How do shared assets affect child support?

The income of your ex's partner may impact child support if they own a business with your ex. In this case, the business's assets and revenue will be considered when calculating child support.

Keep in mind that if your ex's partner is not on the title of any shared assets, their income will likely not be factored into child support calculations. This is because only shared assets are typically used to calculate child support and not separate assets.

Also, shared assets may be subject to liens if child support is delinquent. This means that your ex's partner's income may be used to pay off past-due child support, even if their income wasn't originally factored into the child support calculation.

What if your ex's new partner has children?

If your ex moves in with their new partner and they have children from a previous relationship, this may actually lower the amount of child support you pay or receive.

The reason for this is that your ex now has more mouths to feed and their expenses have increased. As a result, the court may find that they can't afford to pay as much child support as they could when it was just them and your child.

What if your ex's partner pays for child-related expenses?

It's not uncommon for stepparents or long-term partners to chip in for child-related expenses, such as education costs, extracurricular activities, or medical bills. While this may be generous of them, it doesn't reduce your or your ex's obligation to provide for your child. Speak with a group of child support attorneys if you need help sorting out these expenses.

In short, your ex's new partner's income usually won't be taken into account when calculating child support. However, there are some exceptions to this rule, so it's always best to speak with child support lawyers about your specific situation.

Contact a child support lawyer for more information.