Re: Child Support

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Imputation of income: The court can deem a certain amount of
income to the ex-wife. That is, it can use a figure such as
minimum wage or what she might earn in a job market in her usual
profession. The court does not have to use $0.00 -- even if
she's not getting a dime from any source.

Even people who quit jobs under certain circumstances can
receive unemployment.

On 12/15/10, K wrote:
> Most of what is posted below is accurate - except for one
> part. I highly doubt the court would look at the mothers
> income based on only mininum wage if she VOLUNTARILY quit her
> job. If she collecting unemployment however, they will base
> it off the unemployment amount she receives which would be
> less. In cases where parents try to get around support
> obligations by quitting jobs, the courts normally frown on
> this and then base that parent's "income" at what it was from
> prior earnings because that is what she CAN make.
>
>
>
> On 12/15/10, sharwinston wrote:
>> First of all, your ex-wife does not receive support from
>> you. Your children receive the support & she is the
>> trusteee of those support payments.
>>
>> Secondly, even though she quit her job, income can be
>> imputed to her (i.e. minimum wage).
>>
>> Thirdly, any modification would be to reduce the amount you
>> pay for your children's support (not to pay her "nothing).
>>
>> Fourthly, if you're thinking of using her new hubby's income
>> to reduce your obligations to support your children to zero,
>> that is not likely. The new husband has no obligation to
>> suport your children.
>>
>> Fifthly: It is likely you're probably going to wind up
>> being ordered to increase your child supoprt payments to
>> support your children since the other parent's income is
>> zero (or some minimal imputed amount).
>>
>> On 12/08/10, J. Miller wrote:
>>> My Ex-wife has recently quit her job and has gotten re-
>>> married. WE have shared custody 50/50 of our two kids and
>> I
>>> pay for all of the medical/dental benefits, to inlcude
>>> anything that is not covered by insurance. She still
>>> receives child support from me...I would like to modify
>> the
>>> child support to pay her nothing, as she clearly is
>>> comfortable enough to not feel the need to work anymore. I
>>> live in Virginia where we use a calulator to determine the
>>> amount of support. Any advice on what amount to use in
>>> order to calculate the support? I heard that I might be
>>> able to use the income amount from her new spouse, as she
>>> is no longer working. Any advice on that issue? Getting
>>> ready to go to mediation...any negotiating tactic advice?