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If my spouse moves in with her paramour before we are divorced can the paramours income be used for child support calculations?

Tampa, FL |

If my spouse moves in with her paramour before we are divorced can the paramours income be used for child support calculations?

Attorney Answers 5

Posted

Only if he quits his job and decides to live off her income. But her income can't be added to his for purposes of calculating support.

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4 comments

Asker

Posted

What if it isn't fully "Quitting"? Her income will be reduced by 80% and made up by the paramours income.

Brent Allan Rose

Brent Allan Rose

Posted

That's the circumstance the appellate courts contemplated in coming up with the rule I mentioned. The judge will do one of two things in that circumstance: either add in the new spouse's income or attribute the old income to the person who just "reduced" her income.

Asker

Posted

Do you have a case reference for that appellate ruling? So it sounds like moving in with the paramour to significantly reduce her income would be at least admissible in a modification hearing?

Brent Allan Rose

Brent Allan Rose

Posted

I won't do your research for you. I get paid to do that. But if you want to go to the law library, you are searching under the term "voluntary underemployment."

Posted

no. Contact my office for free consultation 727-446-7659.

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Posted

The answer is usually no. If you need an attorney you can contact my office for a free initial consultation at (813) 374-0353.

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Posted

The paramour's income won't count in the calculation of the guideline amount, however it still might be relevant for various reasons that are normally considered "equitable."

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Posted

No.

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