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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27619
Experience:  Attorney with experience in family law.
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I pay my x husband child support and all my kids their bills. He has custody Friday at 3-

Customer Question

I pay my x husband child support and all my kids their bills. He has custody Friday at 3- Sunday at 3. He does not work. It has been over 5 years since we were divorced. Married 7 years. He has a BS and a masters in psychology.
Cant the court force him to work? Or impute income.
It isn't fair.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
Either parent can request a change to support where there has been a material change in circumstances, or if it's been at least 3 years since the last change.
Not working is a luxury, not a right, especially with such a short marriage. He shouldn't 'be able to refuse to work and collect support from you when you have the children most of the time. You can ask the judge to order him to produce evidence of what he's done to find a source of income and, if he's not even making any effort to work, to impute income to him based on what he could be earning if he used his master's degree.
It may help if you have a local attorney to assist you. Imputing income can be complicated, and a lawyer may also be able to help you uncover any income he DOES have. He has to be supporting himself somehow, unless you are so extremely wealthy that he can survive on the child support alone. If you can figure out where he gets money, they may help your case in court.
If you prefer to do it yourself, review the guidelines FIRST to see how they've changed in the past few years - you'll want to know how much your payments could increase if you are unable to get the judge to impute income.
http://www.childsup.ca.gov/resources/calculatechildsupport.aspx
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