Legal Question in Family Law in California
Unemployed and spouse income
I currently have no income and am asking for a modification of child support. Can the court consider my wife's income? Isn't that against the law? Can I request the child support be $0 for 6 months while I look for a job?
2 Answers from Attorneys
Re: Unemployed and spouse income
If you are receiving support based on a 0 income the court will order you to look for a job and report your progress. In extreme cases the other spouses income will be relevant in child support determination. It is a hurdle to over come for the working parent to prove however.
Good luck. Please consult with a local attorney prior to taking any legal action.
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Re: Unemployed and spouse income
The court can attribute income to you. That would result in her paying your child support. You need to be actively seeking employment to reduce the possibility of the court attributing income to you.
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