Legal Question in Family Law in Indiana

I am trying to take my ex back to court for more child support. They make $9 per hour. But they are still basing it off of minimum wage which is 290 per week. They go to school one night a week. They have area V for child care for their other kid with their spouse. They claim that they cant work 40hr a week. Don't they have to base it off of what they can earn in a 40hr week. They choose not to but they still have an obligation to the other children right? When records were shared a lot of the pay stubs showed that they were working 37-39 hrs per week but not 40 so their attorney is fighting for min. wage calculation. When we first went to court about 2 years ago and got arrerage set and support issued I was only working 32 hrs a week because of the economy and i was told that I am able to make the same money as if it were a 40hr week or i could go make the same money elsewhere. Does not the same apply here? I can not find any rules or regulations that really state if what they make per hour even part-time is able to be used as full-time 40hr calculation for support. Any help would be appreciated. the e-mail i am useing is my husband and feel free to answer to it. Thanks


Asked on 5/20/10, 2:27 pm

1 Answer from Attorneys

Read the child support guidelines and in particular the section concerning imputing income and underemployment. You should also plug those terms and "Indiana) into a Google search. good luck.

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Answered on 5/25/10, 11:38 am


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