Second Spouse or SO Income-Can it be used in calculating a Child Support Modification?

Answer 1

Currently, the state of California specifically requires the inclusion of the income of a Second Spouse, or Significant Other, when there's a modification request for child support (see link below). However, do note they limit it to 20% of the gross, and not all their earnings.

In Ohio, 'Disparity in income between parties or "households"' is also used in consideration when requesting a deviation or adjustment to the child support amount, outside the state guidelines. (Ohio Statutes Sections §3119.03, §3119.22, and §3119.23)

Unless a state specifically excludes the consideration of income by a second spouse or significant other, a "Rebuttable Presumption" argument can be use to attempt using them, but this argument is a two way street. The same argument can also be used to lower the child support payment amount.

Though not yet specifically addressed in the statutes in all states, this may change as states try to compensate for loss of federal matching funds due to decreasing overall child support awards due to the downturn in the economy. The states receive 15% in federal matching funds on all child support awarded, less than 1/5th of which is actually funneled into Child Support Enforcement Programs. The remainder goes into the state general fund to help pay all state expenses. With the downturn in the economy, the states are seeing less tax revenues, so any source of additional funding is welcome, and these matching funds account for tens to hundreds of millions of dollars funneled into state coffers.

The primary consideration here is not whether the income from a Second Spouse or Significant Other in your state, but when they will start doing it. For this reason, it's very important to keep detailed records on your annual expenses, because if it happens, all this will become a consideration.

See below for useful links in this regard.