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When a Wife or Husband Married Should Child Support Change Do You have access to the financial information of the new spouse? YES - But it will not be included directly as if it were his/her income Second spouse income is relevant to the "totality of circumstances" in the financial situation of both family units.
See Cooper v Cooper, Silvia v. Silvia, etc.:
Probate Court judge may consider income or assets of second spouse in determining payor spouse's ability to pay alimony; while second spouse does not share duty to obey support order directed against payor spouse, income of second spouse contributes to support of current household and payor spouse therefore has more of his or her own money with which to satisfy alimony. Cooper v. Cooper 43 Mass.App.Ct. 51. Admission of evidence as to the income of the
husband's second wife was proper as the income and assets of that spouse
were part of the circumstances relevant to the ability of the husband to
pay Silvia v. Silvia 9
Mass.App.Ct. 339. Although a second marriage does not relieve a spouse of marital and parental obligations, O'Brien v. O'Brien, 325 Mass. 573, 576,5 (1950) and although a second husband or wife does not share the duty to obey a support order directed toward the other spouse. See Krokyn V,. Krokyn, Mass. 390 N.E. 2d 733 (1979), the income and assets of second spouse are part of the circumstance relevant to the ability of parents to use their own resources to contribute to the support of the their children. Birge v. Simpson, 280 So.2d 482, 483 (Fla.App.1973). Aura v. Aura, 342 So.2d 1200, 1201 (La.App.1977). See Smith v. Smith, 13 Wash.App. 381, 386, 534 P.2d 1033 (1975) |