I have an ex-girlfriend who is not working but got married and who's husband makes $36,000 or better a year. I am a blue collar worker who makes $8.05 per hour, and lucky if I get 40 hours a week. I am paying child support but I am behind for my children, 2 with my ex-wife and one with the ex-girlfriend. My child with the ex-girlfriend is almost 7 years old so he is in school. She has worked last year. Her and Her husband filed taxes together this year. She is taking me back to court to modify timesharing and child support. Does she have have to also claim her husbands income on her financial affidavit? And if not I would like to have income imputed to her by the court. Is there a specific form I have to file to impute income?
Your ex-girlfriend's new husband is not obligated to support your child, so his income is not required to be put on a financial affidavit.
As to how to impute income, you will need to allege in a counter petition or affirmative defense in your response, that the mother is either voluntarily unemployed or underemployed. You will then need to introduce evidence to prove that she is either voluntarily unemployed or underemployed. If you can show that she is capable of earning $10.00/hr. based upon her education, past employment, experience and training, then the court can impute income to her at the rate she is capable of earning.
If you are not sure how to gather or present evidence of your ex-girlfriend's earning potential, then you may wish to consult an attorney. You can use the Find a Lawyer tool on Avvo to locate one in your area.
Please let me know if this post answered your question or was at all helpful.
Your ex-girlfriend's husband's income is not considered on her financial affidavit. You need to properly allege that she is voluntarily underemployed or unemployed in your counter-petition.
To respond to your question regarding financial affidavits and child support, the only incomes which are taken into consideration are yours and your ex. If she is not working then you will have to allege and prove that she has the ability to work and is voluntarily unemployed or underemployed. I highly recommend you schedule a consultation with an experienced family law attorney. Take your documents for this case and the case with your ex-wife. Your case is a bit more complicated than what can be explained in this forum.
Answering your question on this site does not create an attorney/client relationship between you and I. You should not rely on my response exclusively when determining how to handle your legal issue. It is best to take the time to schedule a consultation with an attorney to discuss your legal issue in depth.
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