Legal Question in Family Law in California
Ex-wife refuses to work
My husband has 4 children from his previous marriage. She refuses to work so the courts give her 3/4 of his paycheck for child support which she uses to also support herself. In January the courts told her she was to get a full time job and give him a plan in the near future. She has not done this. She tells the kids she can't work full time because of her volunteer work. Our lawyer has done nothing for us and our bill is more than we can afford. Can you tell me how we can enforce this court order of her getting full time employment. The kids' ages are 9, 11, 14 and 15, they are all in school.
3 Answers from Attorneys
Re: Ex-wife refuses to work
Obviously you cannot force this lady to work, but you can request a modification of support since she will not work.
Re: Ex-wife refuses to work
YOU MAY REQUEST THE COURT TO IMPUTE INCOME TO HER (MOTHER) AS SHE IS EMPLOYED. THIS INCOME WILL BE CALCULATED AND TAKEN INTO CHILD SUPPORT CALCULATION BASED ON HER ABILITY,EDUCATION, AND EXPERIENCE. IF NONE OF THE THE ABOVE THEN BASED ON A MINIMUM WAGE. CALL ME IF YOU NEED A NEW ATTORNEY AT 310-839-7700
Re: Ex-wife refuses to work
I imagine some sort of deadline for this "plan" was requested and given. If so, or if not, ask the court to impute (assume) a certain level of income to her, given her capabilities. Obviously she has some sjills, in that she does volunteer work. Worst case scenario should be at least minimum wage. If she is working then she may have day-care expenses that the father may have to contibute to in addition to the child support. Do not assume the 15 year can be the baby-sitter for the younger children. This is California, the birthplace of political correctness and remember the state bird is the "wuss".
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