- Some states, such as New Jersey, allow a judge to consider a new spouse's income when calculating child support under some isolated circumstances. For example, if the non-custodial parent is trying to avoid paying support by working far beneath his earning potential or by not working at all, the court might base his child support obligation on his spouse's income instead. However, Section 518A.29 of Minnesota's statutes states that the courts must always exclude a current spouse's income when calculating a non-custodial parent's available income for child support.
- Some states, such as Texas, mandate that a non-custodial parent's employer must withhold his child support from his pay and forward it to the state. But Texas law also states that his current spouse's earnings are exempt from withholding for his child support obligation. Most states consider child support the legal obligation of the parent. Marriage doesn't link his new spouse to an obligation that is his alone, so her income would always be safe.
- Community property states view all debts and assets accumulated during the marriage as joint assets and obligations, but even these states make an exception for child support debts. A non-custodial parent's child support is his own separate obligation and his new spouse doesn't share in it, even if he falls behind. Only his half of community property is subject to a child support lien. In Arizona, a community property state, the law is set up to allow a new spouse to request a return of her half of a joint income tax refund if it is intercepted by the state for past-due child support.
- If you're unsure what the law is in your state, consult with a family law attorney, but only in rare circumstances will a judge include a new spouse's income as part of the equation. Even in states that don't prohibit it entirely, extenuating circumstances must exist before the courts will look to one spouse for the other's child support money.
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