Tuesday, November 17, 2009
California Court Rules that, When a Child Support Obligor Remarries, in connection with a Motion to Modify the Court Should Consider 50% of the Income from Community Property Assets
Until 1994, if a child support obligor remarried, a California court had the discretion to consider the income of a new spouse in connection with a motion to modify support. In 1994 this rule was changed so that the income of a new spouse generally was to be ignored. In Anastasi v. Knowles, a California Court of Appeals has to consider how to deal with income from community property assets owned by the couple when motion to modify support was filed. The trial court included all the income from community property assets in the child support modification. The court of appeal disagreed, holding that only 50% of the income should be considered.