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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 585
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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My wife and I divorced almost four years ago without using

Customer Question

My wife and I divorced almost four years ago without using lawyers. We have 3 children age 10 and 7. We have joint custody; I have them 43% (3 days weekly) and she has them 57% (4 days weekly). When we divorced she was working less than full time and this continues to this day. If she did work full time our salaries would be equivalent, but she chooses not to. She has also remarried and has had another child and is currently pregnant as well. My question is since our salaries would be equivalent if she worked full time and our time with the children is almost 50/50 am I required to pay child support? I have been paying $600 monthly for the past 4 years.

Thanks for your time,
James
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Hello, you should move to modify the support on the basis that she is purposefully not working to the best of her working capabilities to make sure she receives child support. This is called imputing an income in CA. The court may order a vocational exam to determine what her earning capacity should be based on her skill set and then utilize that number when running support

AttyCBradford :
Customer:

She is a credentialed teacher, so would it then be based on the average salary for a teacher in our area

AttyCBradford :

Yes it would be and based ont he job availabiility

AttyCBradford :
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 585
Experience: Criminal Defense and Family Law Attorney serving California Statewide
AttyCBradford and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I signed up for the 7 day free trial. It's showing that the value amount to be $48. Is this the amount I will be charged or is it free? If I'm going to be charged please don't answer the question.

 

I want to bring this matter back to court to modify the support on the basis that she is purposely not working to the best of her working capabilities. What paperwork must I complete to impute an earning capacity and base child support order on her earning capacity? What paperwork do I need to bring to court?

 

She is a credentialed teacher with 14 years experience, but I don’t know how many credits she has which directly impacts where she would be on the pay scale. Do you know how I would be able to obtain this information or does the court figure out what her earning capacity is?

 

Do you think I need to obtain a lawyer to represent me or is this pretty "cut and dry" and would be fine to represent myself?

 

Thanks for all your help, it's greatly appreciated!

Expert:  AttyCBradford replied 1 year ago.
If you signed up for a trial then that is an issue that is decided by customer service. I will forward the information to them for review.

As for imputing an income, you will need to ask the judge during the hearing for a vocational exam. Or you can file a motion for vocational exam, but the best would be to ask in open court during argument to save time.

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