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Frequently Asked Questions

Can I Have Child Support Modified Based On My Ex-Spouse’s New Spouse’s Income?

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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.

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Written By Kellam T. Parks

Attorney, Managing Member

Kellam founded what is now Parks Zeigler, PLLC in 2012 to embrace modern technologies to best serve clients. This passion for technology led to the formation of the Cybersecurity/Data Privacy practice area making the firm a leader in helping businesses protect themselves and respond to incidents. When he’s not practicing law in this area and handling high-asset divorces, Kellam manages the firm with his co-owner, Brandon Zeigler, contributes to local and state-wide Bar associations, and frequently writes and speaks to audiences across a variety of sectors and geographic locations, including nationally on the topics of Cybersecurity/Data Privacy, digital evidence, law firm management, and technology/AI.

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