Legal Question in Family Law in Maryland
Trial Next Month
My child's father who I was never married to is taking me to court for custody and our trial date is next month. My ex lost his job almost 3 months ago and has not been able to get a job in his field. The last I heard, he had a part-time job but I don't know if he is getting paid off the books.
My question is what is the judge going to base his child support on if he did not voluntarily quit his job?
1 Answer from Attorneys
Re: Trial Next Month
The mere fact that your child's father is not working full-time does not mean that the Court will not calculate child support based on his full-time income. If the Court determines that he has voluntarily impoverished himself--that is, that he deliberately did something to lose his job for the purposes of avoiding his financial obligations--the Court may base the child support calculation on his potential income rather than his actual income. If, however, you are not able to convince the Court that he has so voluntarily impoverished himself, the Court will base its child support calculations on his actual income, even if that income is not what it once was.
I hope this helps. Good luck.
Ranji Garrett
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
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