Family Court: Determining Income
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§4.03 Procedures When Considering New Spouse's or Partner's Income

If you decide to consider the income of either parent's new spouse or nonmarital partner, you should do the following:

  • Base discovery on W2 and 1099 income tax forms, except when you determine that applying that method would be "unjust or inappropriate." [FC §4057.5(c).]
  • Allow a hardship deduction based on the minimum living expenses for one or more stepchildren of the party subject to the order. [FC §4057.5(d); see §3.09.]

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