My income has increased within the last year. my ex is voluntarily under employed. how do i keep the child support the same?

Asked almost 5 years ago - Frederick, MD

he is voluntarily under employed because his parents pay for everything. the medical insurance i pay for the child is equal to the amount of the child support disbursed every month. if calculated correctly, the support will be cut in half. its just not fair that i work so hard when he doesnt have to really work because mommy and daddy pay for everything. please help

Attorney answers (2)

  1. Carlos Mariano Lastra

    Pro

    Contributor Level 9

    Answered . If you have not done so already, you should consider running some child support guideline calculations to get a handle on the amounts you may be looking at. Obviously, how much your income has increased will be a factor, but it should not be a dollar for dollar increase. In addition, your payment of medical insurance for the children should be credited to you in the calculations. If your ex is found to be voluntarily under employed by the Court, the Judge may impute income to him consistent with the levels they have been historically and/or based on his ability to earn from a market place perspective based on his resume. Further, to the extent that his parents pay his expenses, Maryland law permits the court to add these expenses back into his income for child support calculation purposes because he is not paying them and thus these expenses are not reducing his income. Running the guidelines as suggested earlier will give you a sense and how to approach the ex. For example, if you would prefer to stay out of Court, his arrival at the belief that child support would be based on what he could make versus what he is making might make him think twice about going back for a reduction, since he might end up in a worse situation; especially given the costs for doing so including attorney's fees. That might keep him out of Court and thus child support would not change. Hope this helps.

  2. Okiemute C Whiteru

    Contributor Level 10

    Answered . Maryland Court's will take into account the fact that a parent is voluntarily impoverished when establishing or modifying child support payments. If you feel that your ex is voluntarily impoverished then you will need to present evidence to the Court regarding your ex's work history, salary history and earning potential. If the Court finds this information credible then it will impute income upon your ex. and use this imputed income when calculating child support payments.

    Additionally, the Court will take into consideration your ex's lack of expenses (due to his parent's paying his rent, etc.) as well as the fact that you are providing health insurance for the child when evaluating any modification of child support.

    Legal Disclaimer: The response herein is not legal advice and does not create an attorney/client relationship. Mr. Whiteru advises the questioner to contact an attorney in his or her state and obtain more detailed counseling regarding their legal issue.

    Okie C. Whiteru
    P: 202 558 6196
    www.whiterulawfirm.net

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