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| | Circumstances Not Justifying Increase |
New Spouse's Income
A court may not add any portion of the net resources of a new spouse to the net resources of an obligor or obligee in order to calculate the amount of child support to be ordered in a suit to modify. On the other hand, a court may not subtract the needs of a new spouse, or of a dependent of a new spouse, from the net resources of the obligor or obligee in an attempt to reduce support.
NOTE: One court of appeals has interpreted the statute to mean that a court may not consider a new spouse's contribution in deviating from the child support guidelines, reasoning that the legislative intent was to design a neutral scheme that would be unaffected by the remarriage of the obligor for the purpose of either increasing or decreasing child support .
If obligor is unemployed or underemployed.
Evidence that an unemployed obligor is living with a new spouse or partner who is paying their joint living expenses has been viewed as supporting a finding that the obligor is intentionally unemployed or underemployed. A finding of intentional unemployment or underemployment authorizes the trial court to set child support based on the obligor's earning potential rather than actual earnings.
Change in Obligee's Situation
An increase in the needs, standard of living, or lifestyle of the obligee since rendition of the existing order does not warrant an increase in the obligor's child support obligation. On the other hand, a reduction in the obligee's income may constitute a material and substantial change of circumstances justifying an increase in child support
Voluntary Support in Excess of Court Order
A history of support voluntarily provided in excess of the court order does not constitute cause to increase the amount of an existing child support order.
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