Can Your Spouse's Income Increase Your Child Support?

One of the most common questions I get from clients in child support cases is this:
“If I remarry, can the court use my new spouse’s income to increase my child support?”
The short and reassuring answer: No.
At least, not unless you’re hiding income or manipulating finances—which we’ll get into.
But let’s break down the law behind that answer so you know exactly how child support works in Texas and how to protect your rights.

What Counts as “Net Resources” in Texas Child Support Law?
Under Texas Family Code § 154.062, a parent’s child support obligation is calculated based on their net resources—not their household income. Net resources include:

• Wages and salary
• Bonuses, commissions, and tips
• Rental income
• Dividends, interest, and capital gains
• Self-employment income
• Certain government benefits

What’s not included?
✅ Your new spouse’s income
✅ Income your spouse earns from their separate property
✅ Gifts, inheritances, or third-party contributions made to your household (with some exceptions)

Real Case:
In the Interest of Jessica Brooks Knott (2003)A landmark case from the Texas Court of Appeals--118 S.W.3d 899—makes this crystal clear.
In that case, a father named Jerry Knott had remarried and entered into a valid premarital agreement with his new wife, Jan. The trial court increased his child support obligation to $545/month—even though his own income was much lower—by including his wife’s income in the calculation.
The appellate court reversed the ruling, stating it was error for the trial court to include the new spouse’s income in calculating Jerry’s child support.
The court made two key points:

1. The Texas Family Code does not allow a court to use the income of a new spouse to determine child support.
2. Even if that income would otherwise be community property, a valid premarital agreement protects it as separate property.

In short: Your new spouse is not on the hook for your child support.

Are There Exceptions?
Yes—but they involve bad faith actions.
If the court finds that a parent is:

• Intentionally unemployed or underemployed (Tex. Fam. Code § 154.066), or
• Hiding income by funneling money through a spouse or business,

Then the court can deviate from the guidelines and impute income based on what the parent should be earning.
But in an honest, transparent situation? The law protects your new spouse’s income—and child support remains your responsibility, not theirs.

What About Shared Household Expenses?
Some courts have tried to argue that if your spouse pays most of the household expenses, that frees up more of your income for child support.
But this approach was rejected in another case, Starck v. Nelson, where the appellate court stated that allowing the court to indirectly increase child support based on spousal contributions would be doing what the statute prohibits directly.
The legislature clearly intended to keep new spouses out of child support calculations.

Final Thoughts from a Texas Divorce Attorney
If you're worried about how your new marriage will impact your child support—don’t be. Texas law is on your side. So long as you’re not trying to game the system, your new spouse’s income should be off-limits in court.
However, every case is unique—and small mistakes can lead to big consequences in family court.
If you’re paying or receiving child support and thinking about remarrying, or if you suspect the other parent is hiding income, let’s talk. I’ll help you understand your rights and options clearly and confidently.