Can I have child support modified based on my ex-spouse’s new spouse’s income?

By Code, child support is based solely on the two parents’ incomes.  The increase in household income due to marriage, by itself, cannot be grounds for child support modification. However, if your ex-spouse quits his or her job thereby becoming voluntarily unemployed and not able to provide their share of the child’s support, a modification may be warranted.  If the court is going to deviate from the presumptive child support formula (which it can do if it finds that the application of such guidelines would be unjust or inappropriate in a particular case), then it might be able to take such other income into account under the catch-all factor of the Code for such deviations.

Kellam T. Parks
Managing Member of Parks Zeigler, PLLC