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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30168
Experience:  Lawyer
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My ex-husband is getting married. We live in California.

Customer Question

My ex-husband is getting married. We live in California. We're married 13 years. He pays child support only because I make good money
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Our divorced was final a year ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it... wanting to if modication to child support is worth it
Submitted: 10 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Your ex-husband's new spouse is not legally obligated to support your children. Any income from his new wife would not be considered in a modification. Cal. Family Code, Section 4057.5. There is an exception if failing to increase support would result in an extreme hardship to your children, but it doesn't sound like that's the case here. So there is no reason to file for a modification to support solely because of the remarriage. You could file a for a modification if your parenting time increases or if the father has received a substantial increase to his income in the past year.

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