New spouses Income partially relevant

The income of a third party in determining child support is not relevant to determining the gross income of the parties for purposes of apply the child support guidelines in a divorce or post decree modification situation. A professional divorce mediator can assist you in evaluating the relevant factors in your particular situation.  It is also improper to consider the financial resources of a third party in determining whether an award of maintenance is appropriate.  An exception may apply if the third party payment is from a source that is legally required to make financial contribution to the spouse such as an annuity or trust or fund.  However, in a motion of modify maintenance based upon a change in circumstances, the financial resources of a third party may be relevant as this is more than a mere calculation of “income.”  Rather, the court must look at the totality of circumstances and how they have changed in contrast to the circumstances that existed at the time of the original award, such that the original maintenance award has not become unconscionable.