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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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I live in Alabama. My sons father is taking me to court to

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I live in Alabama. My sons father is taking me to court to get full custody. I am a stay at home mother of 3 month old twins. If he gets custody and wants child support, how will they determine what i pay? Will they base it on my husbands (step-father) income?

ScottyMacEsq :

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ScottyMacEsq :

No, rather your income would be "imputed". That is, the court would consider your earning capacity and "impute" to your income that you could earn if you were employed. Your current spouse has no obligation (other than what amount is imputed to you) to support the children, and even if your current spouse makes 100 million a year, if you could only make $20,000 a year, that's what child support would be based on.

ScottyMacEsq :

If the court finds that either parent is voluntarily unemployed or underemployed, it shall estimate the income that parent would otherwise have and shall impute to that parent that income; the court shall calculate child support based on that parent’s imputed income. In determining the amount of income to be imputed to a parent who is unemployed or underemployed, the court should determine the employment potential and probable earning level of that parent, based on that parent’s recent work history, education, and occupational qualifications, and on the prevailing job opportunities and earning levels in the community. The court may, in its discretion, take into account the presence of a young or physically or mentally disabled child necessitating the parent’s need to stay in the home and therefore the inability to work.

ScottyMacEsq :

So ultimately it would depend largely on what you could earn if you were working, if you're voluntarily unemployed or underemployed. That would be the income imputed to you, if you don't get custody and have to pay child support.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

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