Legal Question in Family Law in Indiana
ex-lawyer trying to pay less support by discovering me to death
lawyer ex-trying to reduce support- owns own buisness-I am stay at home mom now remarried with no income but he is trying to obtain specific info about my husbands income.The court attributes me to abitity to make 42,000 yearly.My ex is prying into very private personal financial info of my husband. It has cost 500,000 to fight him in court- I have no money left to fight him. How is it legal to obtain specific info about my husband when the state does not look at his income when computing child support? This is very complicated and I need more space
1 Answer from Attorneys
Re: ex-lawyer trying to pay less support by discovering me to death
Your ex does have aright to receive discovery on this information pursuant to the Indiana Child SUpport Guidelines. The commentary discusses this concept.
d. Imputing Income. Whether or not income should be imputed to a parent whose living expenses have been substantially reduced due to financial resources other than the parent's own earning capabilities is also a fact‑sensitive situation requiring careful consideration of the evidence in each case. It may be inappropriate to include as gross income occasional gifts received. However, regular and continuing payments made by a family member, subsequent spouse, roommate or live‑in friend that reduce the parent's costs for rent, utilities, or groceries, may be the basis for imputing income. The marriage of a parent to a spouse with sufficient affluence to obviate the necessity for the parent to work may give rise to a situation where either potential income or imputed income or both should be considered in arriving at gross income