Legal Question in Family Law in Pennsylvania
custodial parent won't work
A 43 yr. old female has a 6 1/2 yr old child out of wedlock. The father is somewhat involved. He does pay support. They did not go through the courts but he always pays monthly. The mother has a BS in nursing from a good private college, but she hasn't worked in over 8 years. She has only worked 3 in the past 15. She is smart and perfectly healthy. She just doesn't like to work. Her father and mother support her and give her a lump sum of $12,000 every year. She lives rent free and has never paid utilities, nor a car payment or insurance. She has no expenses except those of the minor child her clothing and some food. She wants the boy's father to pay more money. He pays $450/ month. If they went to court would the judge order her to get a job since she has the potential to work and make good income or at least take that into account or order the boy's father to pay more. The boy's father is in construction and makes good money when he works but doesn't always work steady especially in the winter. What do you think the court would say about her not working. Thank You
1 Answer from Attorneys
Re: custodial parent won't work
From the information provided, you would have a legal argument that she should be given an earning capacity. I would present evidence of the market value the BS in nursing provides. Please contact me if you want to further discuss.
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