“My husband is not working right now and I just started again. If his daughter’s mother take out an order for support, could this money be taken ( as in garnished from my paycheck ) and will my professional license be in jeopardy if he is ordered to make payments for back child support? If so will the judge consider the three children that my husband and I have in the home?”

For the most part, new spouse income is not included for the purpose of calculating child support. It can be considered in extraordinary situations (See e.g. California family Code Section 4057.5). If a person remains voluntarily un- or under- employed because they are being supported by a new spouse, this is an extraordinary situation when new spouse income can be considered. The Court would also be able to consider how the support of that child would lead to any extreme or severe hardship to the other three children. Orders fo support are generally personal to the obliged spouse, and orders cannot be modified to a date prior to the filing of the request for modification.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.