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WALLSTREETESQ
WALLSTREETESQ, Lawyer
Category: Family Law
Satisfied Customers: 17080
Experience:  10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW
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My Ex wife is in school full time making 12,500.00 part time

Resolved Question:

My Ex wife is in school full time making 12,500.00 part time (24hrs/week). I make 32,500.00 working 40hrs +/-. With a child support worksheet for 3 children, and using her part time income, I would end up paying 1,200.00 a month. Does this sound right or would the courts impute an full time earning potential to my ex wife i.e. if she would work 40hrs she would be making 22,000.00, does the fact that she is voluntarily underemployed weigh into this?
Submitted: 6 years ago.
Category: Family Law
Expert:  WALLSTREETESQ replied 6 years ago.
THEY WOULD IMPUTE A FULLTIME SCHEDULE AND SALARY ON HER HOWEVER, YOUR GUIDELINE CHILD SUPPORT PAYMENTS WOULD STAY THE SAME, BUT ANYTHING EXTRA WOULD BE DECIDED ON A SALARY THAT IS FULL TIME TO HER. SUCH AS MEDICAL EXPENSES, CAMP PRIVATE SCHOOL AND DAYCARE.

Edited by WALLSTREETESQ on 9/1/2010 at 3:28 AM EST
Customer: replied 6 years ago.
So you are saying that, the 1,200.00 monthly support payment based off current income is right? 32000.00 versus her voluntary under employment of 12,500.00?
Expert:  WALLSTREETESQ replied 6 years ago.
YES, WHEN THE CALCULATE THE CHILD SUPPORT IT IS BASED ON YOUR SALARY, THE COMBINED SALARY IS USED FOR EXPENSES OUTSIDE OF THE BASIC CHILD SUPPORT. IF SHE WOLD BE MAKING 50,000 AS A FULL TIME WORKER, THE CHILD SUPPORT YOU PAY IS THE SAME, IT IS JUST THE EXTRA SHE WOULD PAY MORE THAN YOU WOULD.
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