Legal Question in Family Law in California

Do I pay more because my ex quits her job?

I have been divorced for 8-1/2 years and have 2 children from the marriage (9 and 13). My ex now wants to increase the amount of child support that I pay. The difficulty in the matter is that she may soon be laid off, either voluntarily or orchestrated, and plans on having another child with her new spouse and not returning to work. I would like to find a way that her new husband's income can be included or her existing income can be counted as potential income since she is choosing not to work.


Asked on 1/28/02, 10:12 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Do I pay more because my ex quits her job?

The court should consider your ex-wife's ability to earn, not just her earnings. Therefore, may very well calculate child support based upon what she was earning at her last employment. You will probably need to subpena her employment records to determine if she voluntarily quit and then if she did not, establish what she could earn if she were to seek other employment. Good Luck, Pat McCrary

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Answered on 1/29/02, 11:31 am
Ken Koury Kenneth P. Koury, Esq.

Re: Do I pay more because my ex quits her job?

you cannot consider the new hubbys income. the best you can do is try to convince the court to imput income to her.

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Answered on 1/29/02, 1:57 am


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