Law Lessons from MAUREEN KELLY V. PETER ARATO, JR., App. Div., A-1410-08T1, November 17, 2009:
Although the child support guidelines exclude the income of another household member, [1] such as a new spouse, in calculating child support, a current spouse’s income may have relevance to the extent its availability impacts the financial resources of the parent. For example, a current spouse may contribute toward roof expenses, thus alleviating the extent to which the parent has to contribute toward those expenses. That is a fact of interest in fixing a child support obligation. See Hudson v. Hudson, 315 N.J. Super. 577, 583 (App. Div. 1998).
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- Appendix IX-B to Rule 5:6A indicates the types of income excluded from gross income in calculating child support. Subsection (f) of that category excludes the “income from other household members (e.g., step-parents, grandparents, current spouse) who are not legally responsible for the support of the child for whom support is being established except to determine the other-dependent credit . . . .” Pressler, Current N.J. Court Rules, Appendix IX-B, at 2428-29 (2010). [↩]
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