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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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My spouses ex has remarried and together they make more than

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My spouse's ex has remarried and together they make more than he and I do as I am not currently employed...Are both incomes taken into account when child support is determined (We live in NC)? While his daughter was living with us for 1 1/2 years he never received child support from his ex...Will this be taken into account when the support she wants is determined?

The new spouse's income is not relevant for child support determinations. Although, as a practical matter, he does of course support your husband's child to some extent, he has no legal obligation to your child as a step-parent. The court only considers the incomes of the biological parents.

 

The fact that he did not ask for child support is also not going to help. Sorry, the custodial parent is entitled to support, and the fact that he did not exercise this right does not mean that is ex is barred from doing so.

 

Sorry, I wish I had better news, but this is the reality of child support and your situation. My policy is to just give the truth, rather than tell you what you want to hear now, only for you to end up more frustrated.

 

All of that said, if he is unemployed, that IS a factor and his support could be reduced because that.

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