Child Support and New Spouse Income
The general rule the Orange County Courts adhere to and the Orange County imputation of new spouse income Orange County lawyers use is that the income of the obligor parent's subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support. This is a frequently asked question Orange County child support attorneys hear.
In rare Instances the Orange County imputation of new spouse income law office of David P Schwarz will have to defend or take action to use the income of a new spouse in Orange County Courts.
Where the Orange County imputation of new spouse income lawyer finds that there is an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award the Orange County courts must use the new spouse income to determine a child support order that is fair and just and does not cause undue hardship the parent who needs the support.
The situations that the Orange County imputation of new spouse income attorney will have to defend or take action to get support for are cases when the other spouse who is obligated to pay support fails to do so. Usually this is the case when the paying spouse intentionally quits work. It is up to the Orange County Court to make a determination based on all the financial history of the paying spouse whether they were fired or quit.
An Orange County imputation of new spouse income attorney will have to defend or investigate whether the paying spouse intentionally reduces income and or gets money through cash by their employer. This type of underemployment is a common method for paying parents to avoid paying higher child support and it is important to hire the Orange County imputation of new spouse income law office of David P Schwarz.
An Orange County imputation of new spouse income attorney will have to gather financial information from the paying spouse by the discovery process. The financial income the Orange County Court needs to determine a child support order is the W2 pay stubs and the 1099 income tax statement from the IRS.
Ultimately if the Orange County Court permits the new spouse income in the calculation for child support then there will be hardship deduction used for the stepchildren in the calculation of the child support order which will benefit the spouse who receives child support.
Therefore is important to hire the Orange County imputation of new spouse income Law Office of David P Schwarz to make sure the new spouse income is used correctly in determination of any calculation of child support by the Orange County Court. Please call us at 949 735 9266 or contact us via the web or by email at email@example.com