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) |