Child support in California is calculated using a complex formula that uses parental net income, taking into account tax status, and the residential time distribution between the two parents as the two main factors.
California family law states that both parents have an equal responsibility to provide financially for their child. This duty does not change if either parent remarries. Barring the signing away of parental rights and the subsequent adoption of your child by your new spouse, the other parent will remain on the hook for supporting your child, despite your remarriage. In most cases, the income of a new spouse or partner will not be included in the child support calculation. However, that extra income coupled with a new marital filing status may affect the taxes of the parent living with them, which could ultimately affect the child support calculation.
In extreme circumstances, new spouse or partner income may be considered when ordering child support if the child would otherwise face extreme hardship as a result of child support being calculated off his or her parent’s income alone. This occurs only in rare circumstances however.
It is even possible that child support will lower if you or your spouse remarry and have another child. Because California child support also takes into consideration the number of dependents one has when determining child support, child support may change as a result of that factor alone. While this may seem unfair, it is consistent with the state of California’s view on parental responsibility, which states every parent is financially responsible for their child, regardless of custody arrangement or visitation schedule.
As your spouse becomes responsible for more children, the child support calculation will likely be modified, if all other factors remain constant. Consult with a California family law attorney with experience in child support modification if you feel child support should be changed based on new living arrangements. A remarriage might not directly affect child support but other changes that come along with remarriage might.
Keep in mind, if you seek modification because of any number of reasons, the end result could go either way. Generally, the courts will not alter a child support order unless there has been a significant change in circumstances unforeseen at the time the order was issued so speak with an attorney if you have questions about what might warrant a child support order modification.
Are you in the Los Angeles area and have questions about what might affect your child support calculation? Certified Family Law Specialist Mark H. Karney has experience handling complex child support modification issues in Los Angeles County. Attorney Mark H. Karney can evaluate your scenario and advise you on whether or not your child support could change with remarriage. Call our Los Angeles office at 310-622-9434; email us at intake@cfli.com or contact us through our online form to schedule your free consultation with one of Los Angeles’s premier family law attorneys.