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Your idea of how to use the guidelines is not OK. The law is clear that you have to use your gross income.
But, what can be done in situations like this where a spouse is underemployed is you can ask the Court to impute income to her. That would mean that a Court would determine what she could be earning and then say that's the number she has to use as her income for the guidelines.
But, if she's always worked part-time and that's because of the kids, the Court may not say she has to work full-time. It will depend on the facts.
Let me know if you need further clarification.
But, what can be done in situations like this where a spouse is underemployed is you can ask the Court to impute income to her. That would mean that a Court would determine what she could be earning and then say that's the number she has to use as her income for the guidelines.
But, if she's always worked part-time and that's because of the kids, the Court may not say she has to work full-time. It will depend on the facts.
Let me know if you need further clarification.
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