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LawTalk, Attorney and Counselor at Law
Category: Family Law
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Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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The custody arrangement may change between my wife and her

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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.
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 4 years 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?

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 and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your help.

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 4 years 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?

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 and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

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

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.