Legal Question in Family Law in California
unaffordable child support increase
my husband's x is hitting us up for more support. she does not work and is supported by her husband. 'they' drive new cars and own a home (+ buying another in a different state). we have old cars (pd for) and rent.
she claims no income but 'claims' $4500 worth of monthly expenses. this really does not make sense to me...shouldn't the husband's income be taken into consideration if the wife doesn't have to work because of it? or...how can she claim resposibility for 'expenses' when he pays for everything? included in the 'expenses' are car payments and homeowners insurance/taxes, however she doesn't claim to 'own' anything. I don't understand how this paper work was even allowed to be filed. isn't the law supposed to make sense?
any help/info will be appreciated
2 Answers from Attorneys
Re: unaffordable child support increase
The ex wife is working. She is working in the home of her present husband. She performs valuable services by cooking, cleaning, washing his clothing, etc. The court should allocate income to her as payment for these services. The choice for her not working outside of the home was no doubt a joint decision. Husband should pay for those services. Thee is court authority for this position.
However, you may want to take a more agressive approach and take the position the 1/2 of his income is her income, per community property law. That the purpose of the law disallowing the consideration of the new spouse income, was not to allow her to stay at home to collect more child support. That by deciding that she should be a stay at home mom they agreed that her income was equal to 1/2 of his income.
you have nothing to lose by advancing this position.
Re: unaffordable child support increase
So many questions need to be answered. She may be told to go to work by the court and/or count some of her husband's income as her's for domestic services. Also, length of marriage will be considered and other income will also be considered. Don Holben 800-685-6950
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