It is not uncommon for clients involved in child support modification cases to ask if their news spouses’ income will be considered in the new child support calculation. For instance, Mr. and Mrs. Smith (first wife) were divorced in 2000 and at that time Mr. Smith was ordered to pay $300 per month in child support. Since that time, Mr. Smith has remarried to Mrs. Smith (second wife) and has also started a job making significantly more money, so Mrs. Smith (first wife) files a Complaint for modification of child support. Does Mrs. Smith’s (second wife) income count as part of Mr. Smith’s income for the purpose or recalculating the child support? The answer should be no. As Moore v. Tseronis, 106 Md. App. 275, 284-85, 664 A.2d 427, 431-32 (Md. Ct. Spec. App. 1995) reports the court should not impute a new spouse’s income to the parent involved in the child support case when calculating child support. Further, the Annotated Code of Maryland, Family Law § 12-201(b) defines income as actual or potential income of a parent, not the parent’s new spouses income. This applies not only in modification cases, but also initial child support calculation cases. For basic information on child support calculations visit our September 9, 2009 blog.
To inquire about child support contact an experienced Maryland Divorce Attorney.
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