How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
15277592
Type Your Family Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

The custody arrangement may change between my wife and her

Customer Question

The custody arrangement may change between my wife and her ex-husband. Their child has lived with her for the last 5 years. The child may live with the father for the remainder of this school year and his senior year. She is a homemaker with no actual income. How will child support be calculated.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

In instances where the parent obligated to pay child support chooses---for whatever reason----not to be, or to become, gainfully employed, the support ordered by the court will be based on the imputation of income to the non-working parent.

In other words, the court will make a determination as to what kind of income the person could make if they chose to enter the labor market---based on their education level, any licenses or certifications they hold----and the support will be determined based on that imputed income.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.

Thank you for your reply. In addition, the income that he has submitted is based off of a 40 hour week. It is very unusual for him to work only 40 hours. Almost never would be a more accurate statement, and has been like that for years. I would say his actual income is near double what he is claiming. Even the expenses that he has listed are greater than his reported income and he didn't even include a car payment.

 

Is there something we can do to that would require him to supply his actual income for the child support calculation?

Expert:  LawTalk replied 1 year ago.
Good afternoon Mark,

Your wife will want to do a demand for production of the past 2 years of tax returns and subpoena his employer for the payroll records as well. he still has to disclose all his income. He cannot simply claim what he earns in a 40 hour week.


Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 11 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help.

Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Mark. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.

As stated before the child has been with my wife for the last 5 years and she has primary residential custody with no specified visitation schedule. The child didn't have a very good relationship with his father and didn't really even want to go over to his house for weekends. His father has a history of being mean and verbally abusive. When we were married 9 months ago, her ex-husband wanted their son to come live with him. He turned on the charm and started being the dad, he never was before. The son is convinced his dad has changed. However, no one else is convinced. My wife would not agree to a change of custody, but they ended up agreeing to let there son spend the first half of the school year with him, and the second with her. After that, they would evaluate how things went, and go from there. He ended up spending the majority of the summer with his father, and the first half of the school year with his father, as agreed. He is now supposed to be back with his mother, but the father is now backing out of his side of the deal. The last couple of months they have been trying to come to an agreement. All communication has been done “unofficially" and without getting an attorney involved.

 

In addition, They set up an bank account together for the child support deducted from his paycheck. During this temporary agreement he would get his child support back. Once the money was deposited, he would withdraw it electronically and deposit it into his own account.

 

Yesterday she received a motion to recognize de facto custody based on the fact that the child has been with him since the summer. The only reason he has been with the father is because they had an agreement for equal time and he took his half first. He then refused to uphold his end of the agreement.

 

First, it seems silly to start a custody battle with a 17 year old minor. If he was 4 years old, our decision to pursue this would be a lot different. So we are trying to figure out if it is worth putting up a fight.

 

Nevertheless, Can he get custody without the court hearing her side of the story?

 

What should be done before the motion is heard a couple of weeks from now?

 

What should we expect to happen the day the motion is heard?

Expert:  LawTalk replied 1 year ago.

Good afternoon Mark,

 

You asked:

Nevertheless, Can he get custody without the court hearing her side of the story? Only if she ignores the motion and doesn't fight it.

 

What should be done before the motion is heard a couple of weeks from now? Preferably, your wife should hire an attorney. Otherwise she should file a Response to the Motion and make her case for custody.

 

What should we expect to happen the day the motion is heard? The court will hear arguments and rule on who gets custody and perhaps issue a support as well.

 

 

As you may be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to answer assist you.

 

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 11 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry about that. I am new to this. I will make sure I separate the questions from now on. Thanks again.

Expert:  LawTalk replied 1 year ago.
Good afternoon Mark,

Honestly, that is not a problem at all. Many folks don't know about it until we mention it. No harm, no foul, I always say!

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
LawTalk
LawTalk
Family Lawyer
27889 Satisfied Customers
30 years legal experience. I remain current in Family Law through regular continuing education.