CALIFORNIA FAMILY LAW
...Child Support
......Current C/S Guidelines
.........Rebutting Presumptive Amount
............New-Mate Income
6 Cards On This Topic:
  • Income of obligor parent's subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in extraordinary cases.
  • Trial court may only consider H's half of community income from investments when calculating child support obligation to W1.
  • Trial court may consider new mate income only when there is potential extreme hardship to child.
  • Amount of hardship granted is discretionary and reasonable to take into account new spouse's income in determining hardship deduction.
  • Income of new spouse must be considered to extent it is necessary to determine obligee spouse's actual/appropriate tax rate.
  • FC 4057.5, precluding consideration of new spouse income for child support purposes, does not prohibit consideration in determining supporting parent's actual tax liability under FC 4059.