Will the custodial parent still have an income imputed if she is receiving food stamps? I just filed for child support modification because I pay $245 for child care for 7 year old twins and she is a single sahm with no job. She bought the twins 2 dogs for xmas and she is willing to live in poverty and on food stamps rather than work. She gave me a paper to fill out stating that I pay her $1360 pr mth and turn in to the food stamp agency, how will this effect my modification? Will the courts show any mercy on me for paying for childcare that has never been used over the past 4 years?
Personal Injury Lawyer
First, you need to hire a family law attorney immediately. This is not something you should be handling as an uninformed individual. Even though the custodial parent receives public assistance, if they are not working and have no other reasonably identifiable source of income, they will have an income imputed to them, at least based on the minimum wage at 40 hrs/wk/month. If I understand your facts correctly, it sounds like the custodial parent wants you to possibly commit fraud re: what you allegedly pay her. Whether a judge possibly modifies the current child support order based in part on what the parties have done in the interim is going to largely be based on the facts, and how best that each side can argue them and convince the judge of such. Good luck.