What to do if my husband’s ex-wife is suing him for more child and spousal support and they want my information as far as income and assets?

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What to do if my husband’s ex-wife is suing him for more child and spousal support and they want my information as far as income and assets?

Can they garnish my wages or get into my bank account we have seperate ones at different institutions. Also, when it has us fill out our expenses, I have Celiac Disease and have to get speciality food, do I put that under groceries or medical?

Asked on September 20, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

You are required to fill out the form, but your income is not likely going to be considered with respect to your spouse's child support obligation from the previous marriage.

Prior to 1994, New mate income could be used in the overall calculation of child support. However, after 1994, new mate income has been deleted as an authorized rebuttal factor; it cannot be directly considered in the child support calculation "except in the narrow `extraordinary' circumstances" recognized by Ca Fam § 4057.5 [see Marriage of Wood (1995) 37 Cal.App.4th 1059, 1070, 44 Cal.Rptr.2d 236, 243]

The income of the obligor or obligee parent's subsequent spouse or nonmarital partner "shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award . . ." [Ca Fam § 4057.5(a)(1) & (2)] The only exception permitting consideration of new mate income in fixing child support is "extreme and severe hardship" to the child. Unless the supported child will suffer if the court does not look to the income of a new spouse or nonmarital partner, such income cannot be considered. [Marriage of Wood, supra, 37 Cal.App.4th at 1067, 44 Cal.Rptr.2d at 241]

The statute recognizes the following circumstances as noninclusive examples of an "extraordinary case" potentially warranting consideration of new spouse/nonmarital partner income in fixing guideline child support (Ca Fam § 4057.5(b)):

• A parent who voluntarily or intentionally quits work or reduces income (Ca Fam § 4057.5(b)); or

• A parent who intentionally remains unemployed or underemployed and relies on a "subsequent spouse's" income (Ca Fam § 4057.5(b)).

I don't think it matters where you list the expense for specialty food, under groceries or medical--either will suffice.

Best of luck.

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