I am ordered by the court to provide documentation of my income for my husband's child support case. I understand that my income can be imputed because he was classified by the court about a year ago. My questions is, if the court decides to use my income would child support be based on my income or our combined income to determine child support. A third party that isn't part of this case (plaintiff's mother) is telling my husband that my income has to be included when all that has been ordered is production of documents. We would like to know if this is common practice (we live in NH).
This is an unusual circumstance. As a stepparent you do not have a legal obligation to support your step children. Are you self employed and does the court believe you're claiming income belonging to your husband? You should consult with a lawyer as soon as possible .
I concur with the recommendation of my distinguished colleague. The only way that I can see your income being a factor is in terms of paying household expenses or if your husband is an employee of a company or business that you own. This is very unusual. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced NH matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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I agree wit h the above answers. Imputing income is not common, and is usually seen in situations where one party is voluntarily underemployed or unemployed, where the new spouse is paying for the obligor's bills, or if the obligor is seeking a downward deviation from the child support guidelines. You should consult with an attorney about this.
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