Family Court: Determining Income
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IV. New Spouse's or Nonmarital Partner's Income

§4.01 Income Generally Not Considered

You may be faced with the situation where one parent has remarried or has a new nonmarital partner, and the other parent wants you to consider the income of the new spouse or partner when determining or modifying child support.

The general rule is that you must not consider the income of the obligor's or obligee's subsequent spouse or partner, "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." [FC §4057.5(a)(1), (2).]

Caution

   

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