Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I’m getting married to a man that has been previously married. His wife is presently collecting child support from him. She will probably take him back to court to ask for an increase in child support. Under Maryland law, is she entitled to come after my income once I’ve married her ex-husband?”For the rules specific to Maryland you would need to consult a Maryland attorney – and you should. Under the law of California, where I practice, your income could not be factored in unless there were exceptional circumstances, such as your new husband quit his job so that he could claim no income, while you supported him.
Question: Some states, however, will let the court take a new spouse’s income into account, while others don’t take the new spouse’s income into account directly, but they do factor in the fact that the support paying parent now has access to the new income, or may have their own expenses reduced by his new spouse’s income.
Answer:
Again, your best bet would be to consult an attorney in Maryland, and before you get married, in case there are ways in which you need to and can protect yourself at the outset.
