If a noncustodial father owes back support from California for a child from a previous marriage and remarries will his new spouse's income be subject to factoring future child support in Arizona?

Answer 1

Even if there is no back child support, as long as California retains jurisdiction, your income has to be used in performing any modifications in child support. see link below

What this means is that 20% of your income can be used in calculating a modification, thus increasing the amount paid, plus increasing the amount being paid toward the arrears. But, it is very important to get any arrears paid off as California is adding 9% annual compounded interest to the arrears. Note that the primary parents spouse or S/O income is also a factor, but that only affects the percentage being covered for extras, such as daycare.

There is a defense to any modification.

1988 Public Law Record

SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.

(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)

of the Social Security Act is amended-

(1) by inserting (1) after (b):

(2) by striking, "but need not be binding upon such judges or other officials;" and

(3) by adding at the end the following new paragraph:

(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."

Check links for additional info.