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.
“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?”
Question: 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.
