STLMom: Child support and the new spouse

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ST. LOUIS, MO (STLMoms)-What happens when a divorced couple remarries someone else when it comes to child support. Does that new spouses income count in regard to paying your ex?

Jonathan Marks with The Marks Law Firm explains what happened in a recent case.

The trial court completed a Form 14, which indicated mother would have to pay father a presumptive child support amount of $401.00 per month. The trial court found this unjust and inappropriate because father had sufficient assistance from his current spouse to negate the need for child support.

On appeal, father argued that the trial court violated Section 453.400 RSMo, which states that 'no court shall consider the income of a determining the amount of child support to be paid by a natural or adoptive parent.'

The Western District rejected this argument, finding the controlling statute to be Section 452.370, which states that in a motion to modify child support, the trial court must consider 'all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits.

The income of a new spouse could affect the amount of child support owed if a parent sought a modification but only if that income would result in a substantial change from the court-ordered support prior to the new marriage.

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