Remarriage and Child Support in California

As a divorced parent, you still have a legal duty to support your children if you get married again. By itself, either parent's remarriage won't justify a change in the amount of child support you're paying or receiving for those kids. But in some circumstances involving serious hardship, you might qualify for a modification based on your (or your ex's) new financial circumstances after remarriage.

The Basic Rules for Calculating and Modifying Child Support in California

Like all other states, California has guidelines for calculating child support. The formula is complicated, but the amount of support is primarily based on both parents' net disposable income and the percentage of time their children spend with each parent under their parenting plan and custody orders.

Either parent may request a change in the current amount of child support they're paying or receiving. But they'll generally need to prove that there's been a significant change in circumstances requiring a different support amount. Once a judge decides that a modification is called for, the new support amount will be calculated under the guidelines, based on the parents' current financial circumstances.

(Learn all about child support in California, including how the calculation works, when the judge may allow a different support amount, and the rules for modifying existing support orders.)

Can Children From a New Marriage Affect Child Support?

When you're calculating child support in California, you're allowed a deduction from your income for your court-ordered support payments for children from previous relationships (or support you pay without an order for children who don't live with you). But unlike some other states, California doesn't usually allow parents to deduct their support for additional children from a new marriage (or new relationship) who are living with them.

There is an exception to that rule: When parents are experiencing "extreme financial hardship" because of their legal duty to support children from a new relationship, judges may allow a deduction from income—but only as needed to accommodate the minimum basic living expenses for the additional children.

If you request this hardship deduction, it will be up to the judge to decide whether you qualify for it—and if so, whether it would justify a modification of child support.

When judges allow hardship deductions, they'll try their best to ensure that parents provide adequate support for all their children. The maximum hardship deduction for each new child can't be more than the amount of support paid for each child from the previous relationship.

(Cal. Fam. Code §§ 4070, 4071 (2024); In re Marriage of Paulin, 46 Cal.App.4th 1378 (Cal. Ct. App. 1996).)

Can Parents Deduct Support for Stepchildren?

Hardship deductions (discussed above) usually apply only to a parent's support for children born or adopted during a new relationship. That's because stepparents don't generally have a legal duty to support their stepchildren.

However, if a judge decides to allow any part of a new spouse's income to be included in a parent's income when calculating child support, the judge must then allow a hardship deduction based on the minimum living expenses for the parent's stepchildren. (Cal. Fam. Code § 4057.5(d) (2024).)

Can a New Spouse's Income Affect the Amount of Child Support?

You usually won't be able to get a child support modification just because your ex has married someone wealthy. That's because California law prohibits judges from considering the income earned by either parent's new spouse or nonmarital partner when they first determine the amount of support or when they're modifying an existing support order. (Cal. Fam. Code § 4057.5 (2024).)

California courts have held that this rule applies to both direct and indirect consideration of new-mate income. This means judges usually may not consider a parent's improved standard of living after remarriage. (In re Marriage of Romero, 99 Cal.App.4th 1436 (Cal. Ct. Ap. 2002).0

Here again, the law allows an exception: Judges may consider new-mate income if not doing that would cause "extreme and severe hardship" to any child that the parent (or the parent's new spouse) is supporting. Note that this exception depends on the child's hardship, not the parent's.

The law doesn't define what would qualify as extreme and severe hardship. But it does say that an extraordinary case may include a situation when a parent is voluntarily unemployed or underemployed while relying on a new spouse's income (more on that issue below).

Even when judges decide to include a new spouse's income in the support calculation, they don't necessarily have to include all of that income. It's up to the individual judge to decide what's appropriate under the circumstances.

Can Child Support Change If a Parent Quits Working After Remarriage?

If your ex voluntarily or intentionally quits a job or reduces their income—or intentionally stays unemployed or underemployed—and is relying on a new spouse's income, you may be able to convince a judge to include all or part of that income. But you'll still need to prove that not doing so would create a severe hardship for the kids (as discussed above). (Cal. Fam. Code § 4057.5(b) (2024).)

If you don't meet that strict requirement for including new-mate income, but your ex has quit working after remarrying, you can ask a judge to calculate child support based on your ex's earning capacity. California's guidelines allow judges to use imputed income for child support when that's consistent with the children's best interests. (Cal. Fam. Code § 4058(b)(1)(B) (2024).)

Either way—whether child support is calculated using a parent's imputed income or a new spouse's income—you still would need to prove that it qualifies as a substantial change of circumstances requiring a modification.

Resources and Help With Child Support After Remarriage

California's local child support agencies will generally review cases to see if a modification of support is warranted, based on the parents' current financial circumstances. However, the agencies won't be able to help with requested changes based on support for additional children or a new spouse's income—because a judge has to decide whether you meet the strict hardship requirements.

California's courts have a network of self-help centers and family law facilitators who can answer questions about child support, help with court forms, explain court procedures, and provide other information for people who don't have a lawyer. But they may not give you legal advice or represent you in court.

So if you're hoping to change your existing child support order based on your expenses for new children or the income of your ex's new spouse, you should consider speaking with a lawyer. An experienced California family law attorney should be able to evaluate your situation and advise you on the best way forward.