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If someone does not pay child support and they are

remarried, and claim to be...
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse’s income? This is in Florida?
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Answered in 5 minutes by:
1/7/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,014
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Only the biological/adoptive (not step parents) parents have a duty to support a child; as such new spouse income is not considered for guideline support purposes.

however, if a person chooses not to work because their new spouse has enabled them to remain unemployed, the court can "impute" (assign) income to that party based on the amount they should be able to earn (based on their job skills, education etc).

The idea is that both parents have an obligation to support a child so if a parent is purposefully under/unemployed the court may impute income to that party.

If a party does work, and the new spouse contributes most of the living expenses, the court may also deviate from the guideline amount on the theory that the parent has more disposable income available for child support purposes.

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