Legal Question in Family Law in California
joint custody support
My ex-wife has a joint custody with
me. She is not working because she
knows that if she works then she will
have to pay for child support. She is
staying on welfare, so that she
doesn't have to pay child support.
Plus she has a degree in medical
assistance. As a court order, I am the
primary parent for my two kids. What
should I do to make her pay for child
support without having to hire an
attorney? Please help!
1 Answer from Attorneys
Re: joint custody support
You can ask the court to impute income on her. You may need to hire a vocational expert to give evidence of her ability and opportunity to work, plus her earning capacity. It's not easy or cheap. Sometimes it backfires. So be careful. If kids are young and she stays home to watch them, then you might fine your suppor is lower having her at home rather than working. If she works, the support will include half of the daycare expenses.