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Income of Second Spouse

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The Second Wife’s Finances are Relevant.  In a situation where a remarried ex-husband seeks to modify his child support obligation, what is the relevance of his second wife’s financial picture?  Clearly, the second wife has no duty to “obey a support order directed toward the father.”  However, the Appeals Court noted, in a modification of support action, the “income and assets of second spouses are part of the circumstances relevant to the ability of parents to use their own resources to contribute to the support of their children.”   Silvia v. Silvia, 9 Mass. App. Ct. 339, (1980)
 
The Second Husband’s Finances are Relevant. Another case involving the financial situation of the second spouse demonstrates the continuing viability of Silvia.  Here, the wife remarried, quit her job to care for her second child and sought an increase in support based on first husband’s increased income.  The trial court found no changed circumstance warranting modification and dismissed her complaint. The Supreme Judicial Court affirmed. The SJC also noted that the wife’s second husband had a substantial income and he pays many of the household expenses – and this provides wife with economic benefits that also weigh against a finding that a modification is justified.  Ames v. Perry, 406 Mass. 236 (1989)