Child Support & 2nd Spouse Income

Unless state statutes specifically exclude the consideration of the income of a Second Spouse or Significant Other, a "Rebuttable Presumption" argument is available in an attempt to include this asset. However, this argument is not a one-way street. The same argument is also available to lower the child support obligation.

Currently, California Child Support Enforcement Modification Form (image) specifically requires the inclusion of the income of a Second Spouse, or Significant Other, when there's a modification request for child support. There are limitations on this, usually applying only when the Obligor Parent, due to an employment layoff, or other situation outside the obligor's control resulting in a reduction in income. California does limit the consideration to 20% of the gross income of the Second Spouse or S/O.

In Ohio, 'Disparity in income between parties or "households"' is in consideration when requesting a deviation or adjustment to the child support amount, outside the state guidelines. (Ohio Statutes Sections §3119.03, §3119.22, and §3119.23)

The number of states specifically allowing this consideration may grow as the states try to compensate for loss of federal matching funds due to decreasing overall child support awards because of the economic downturn. States receive 15% in federal matching funds on all child support awarded, less than 1/5th of which is actually funneled into Child Support Enforcement Programs. The remainder goes into the State General Fund to help pay all state expenses. With the economic downturn, the states are seeing less tax revenues, so any source of additional funding is welcome, and these matching funds account for tens to hundreds of millions of dollars, per state.

The primary consideration here is not whether the income from a Second Spouse or Significant Other will be included in a specific state, but when they will start doing it. For this reason, it's very important to keep detailed records on all annual expenses.  In the event this takes place, these records can be included in this consideration.

In the last 36 months, because of the economic downturn, millions have lost their jobs. As of the writing of this article, the reported unemployment rate for the nation is running 9.6%, with many individual states running more than 15%. Over 80% of the unemployed are men, 4/5th of which face an uncertain future as the industries they worked in has completely disappeared. This means that they must leave behind the careers they trained for, and experienced in, to seek completely new career training, along with millions of other men facing this prospect.

Reported this week, the demand for work has become so great that Day Labor companies now have a waiting list for appointments to summit an application. Once approved, this allows a person to appear each morning at 6 AM to sit, or stand in line, waiting to work that one day.

Men carry the greatest percentage of the child support burden in today's society. Less known, is that custodial fathers are frequent also obligated to pay child support to non-residential parent. With the decline in the economy, and the resulting layoffs, a large percentage of these men are finding them unable to maintain their child support obligation. Related to this, most have not been educated in that legal help to obtain a modification in the support is available free of charge from the Office of Child Support Enforcement that currently has jurisdiction over the case.

The spouse of a child support obligor carries no specific burden to pay the support obligation, but they do pick up a greater burden of responsibility for the household expenses. Naturally, most who become unemployment receive Unemployment Compensation. However, with a 40% permanent loss of industries and careers, many are finding their benefits running out before completing a career-retraining program.

This is why it's very important to submit an immediate request for a Child Support Modification, when there is a loss of income on the part of the obligating parent. This includes doing so in the event unemployment benefits run out. When there is no possibility of generating income, an obligation can be zeroed out until a turn around in the economy takes place and industries begin hiring again.

Through all this, it's best to remember that the custodial parent is taking on a greater burden, thus as much as possible needs to be done to return to work. However, some of that burden can be eased by offering to take the children rather than the other parent using daycare. Further, an offer can be put forth to help with daily household tasks, such as laundry and cleaning the residential parent's home. Anything to ease some of the burden goes a long way toward having continued cooperation between the parents.