Although I agree with the nuances mentioned by counsel on how a court can calculate alimony, the direct answer to your question is, No, the court may not go after your new wifes income/assets to increase your alimony.
Can ex-wife go after new wifes income?
In California, all parents must care for their children financially, whether theyre married or divorced. In certain situations, however, the new spouses income may become part of community property shared with your ex-spouse and be considered in the child support calculation.
Can I go after my ex husbands new wife?
Typically the answer is no, but call for a free consultation to discuss your specification situation. In most states, a substantial change in need or a change in the ability to pay may be grounds for a post-judgment modification of spousal support/alimony.
Does new wifes income count?
Under California family law, both parents have an equal responsibility to provide financially for their child. It doesnt matter if either parent remarries. Under California Family Code 4057.5, the income of a new spouse wont be considered in calculating child support in most cases.
Is my husband ex-wife entitled to my money?
Generally, an ex-wife has no rights to money her spouse earns after a divorce. In the event the judge awards alimony or child support; however, she will be entitled to a portion of it.
Is an ex wife considered family?
Immediate Family Members means with respect to any individual, such individuals child, stepchild, grandchild or more remote descendant, parent, stepparent, grandparent, spouse, former spouse, qualified domestic partner, sibling, mother-in-law, father-in-law, son-in-law and daughter-in-law (including adoptive
Will I lose spousal support if I remarry?
Impact of Remarriage on Alimony in California In California, the obligation to pay future alimony automatically ends when the supported spouse gets remarried. However, the receiving spouses remarriage will not terminate overdue support, vested lump-sum alimony payments, or transfers of property.
Does moving into a new partner affect child support?
Both parents have an obligation to financially support their children until they are at least 18 years of age, even after separation. That legal obligation does not change when one or both parents repartner. A parents new partner does not have a legal obligation to support another persons child.
Does child support go down if the father has another baby?
If a person who is ordered to pay child support has other children, this will affect the amount of child support a future child gets. Child support ordered for the second child will not be as high as the child support ordered for a previous child, especially if the paying parents income has not changed.
Are Divorced couples still a family?
Divorced ends a marriage. It doesnt, however, have to end a family. If you and your spouse work together you can create a healthy family dynamic for your children after divorce. A divorce undeniably changes the dynamic of a family unit.
Are you still considered family after divorce?
One of the most misguided concepts divorced couples with children have is that they will actually be able to get divorced. Even after the legal dissolution and remarriage, ex-spouses who have children together will always be those childrens parents.
How long does an ex husband have to pay alimony?
Generally, if a couple is married less than ten years, the duration of spousal support payments is one-half of the duration of the marriage. Therefore, if you were married for eight years, you will pay spousal support for four years.
Do I pay alimony if she cheated?
Do You Have To Pay Alimony If Your Spouse Cheats? Cheating does not affect spousal support awards in California. In this state, a dependent spouse can have a one night stand or a full-blown affair and it will not reduce or eliminate their ability to receive alimony.
What can I do if my ex-wife refuses to work?
Your ex-spouses refusal to work should have been relevant when the judge set the initial alimony amount. If the alimony is short-term rehabilitative, then the judge might have set a deadline for your ex-spouse to get a job. If so, then you can raise your exs refusal to work at the court hearing.