Until 1994, if a parent paying child support remarried, the court had the discretion to consider the income of a new spouse in connection with a motion to modify support. In 1994 this rule was changed so that the income of a new spouse generally was to be ignored.
But what happens when that support paying parent remarries, and he or she and his/her new spouse accrue substantial assets together that create additional income for the support paying parent?
In Anastasi v. Knowles a California Court of Appeals has now considered how to deal with income from community property assets owned by the couple when a motion to modify support was filed. The trial court included all the income from community property assets in the child support modification. The court of appeal disagreed, holding that only 50% of the income should be considered.
Click here to read the opinion from the Court of Appeals.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
But what happens when that support paying parent remarries, and he or she and his/her new spouse accrue substantial assets together that create additional income for the support paying parent?
In Anastasi v. Knowles a California Court of Appeals has now considered how to deal with income from community property assets owned by the couple when a motion to modify support was filed. The trial court included all the income from community property assets in the child support modification. The court of appeal disagreed, holding that only 50% of the income should be considered.
Click here to read the opinion from the Court of Appeals.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
great post. Many do not realize that the assets of a marriage are for the entire commitment.
Posted by: divorce lawyers in fresno | November 18, 2009 at 09:48 AM