JustAnswer
>
Family Law
Ask A Question
|
Register
|
Login
|
Help
Family Law
Ask a Family Law Question, Get an Answer ASAP!
Have your own Family Law question?
5 Lawyers are Online Now
characters left:
Not a Family Law Question?
Related Family Law Topics:
Pay
,
Son
,
Born
,
Live
,
Kids
,
Move
,
Mind
,
Paid
,
Part
,
Well
Question
I AM A MOTHER TO 14 YEAR OLD SON.WE LIVE IN PHILADELPHIA SINCE 2003.MY SON DECIDED TO MOVE WITH HIS DAD TO LA CALIFORNIA.I REMARRIED AND HAVE OTHER KIDS WITH MY NEW HUSBAND.I DO NOT WORK SINCE 2005,MY HUSBAND IS A WELL TO DO DOCTOR.HOW THE CHILD SUPPORT BE CALCULATED IF MY INCOME IS 0?.WILL THE JUDGE USE MY PRESENT HUSBANDS INCOME?MY HUSBAND IS A STEPFATHER TO MY 14 YEAR OLD CHILD.IS HE LEGALLY OBLIGATED TO SUPPORT MY 14 OLD SON WHO WILL STAY WITH HIS DAD IN LA CALIFORNIA PERMANENTLY?
Submitted: 147 days and 11 hours ago.
Category: Family Law
Value: $30
Status: CLOSED
+
Read More
Optional Information
State/Country: California
Already Tried:
I AM AN RN,WILL THEY MAKE ME GO BACK TO WORK TO FINANCIALLY PROVIDE FOR MY 14 OLD SON,DO I NEED TO FILE FOR A LEGAL SEPARATION TO PROTECT MY CURRENT HUSBAND INCOME AND INTEGRITY OF OUR MARRIAGE?
Accepted Answer
<p>Child support is based on many things, but primarily it is based on the earnings, or potential earnings, of each of the parents. In your situation, this means several things.</p><p> </p><p>First, your husband's income is not part of child support. However, your "income" for purposes of child support calculations would likely not be zero, your actual income. The court would likely impute income to you. In other words, if you are of sound mind and body, and have the POTENTIAL to earn income, then income will be imputed to you. The number could be based on your education and work experience. For example, if you recently worked as a secretary earning $25,000 per year, and similar jobs are available to you, then the court might state that your imputed income is $25,000.</p><p> </p><p>Also, your subsequently born children could factor in as well. If you were working, you could argue that you would need to pay for daycare for the children that reside with you. So, for example, if your daycare costs were $10,000 per year, then your imputed income would be similarly decreased and would now be $15,000 per year.</p><p> </p><p>When you say "stepfather" to your first child, I'm taking that literally, your husband has NOT adopted the child and the biological father is still responsible for the child. In this case, your husband is NOT financially responsible for the child, this right/obligation still remains with the biological father.</p><p> </p><p>While I believe this answers your questions, please let me know if I've missed anything. </p><p> </p><p>I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!</p>
Expert:
Joseph
Pos. Feedback:
99.4 %
Accepts:
Answered:
6/28/2009
Family Law Attorney
I have over a decade of experience as a Family Law litigator
+
Read More
Related Family Law Questions
i got divorced about 3 weeks ago and a week ago my ex husban...
My ex husband was granted temporary custody of our two kids
My son moved in with a girl had a son they have been living
my child got took by cps in california the person who got cu...
Hi, I have been married for one year and married into alot
is there a such thing as purge reduction if so how can i get
Hi. My husband pays child support in New York. Recently,
I live in Florida and the OAG State of Texas just sent via