Q: Non custodial parent had baby and is stating she has been laid off and has therefore asked for a modification.
By the time we get into court, her baby will be over 8 weeks old and mother should have a job. She won't though b/c she wants to be a stay at home parent. Her spouse is a doctor and financially supports her. How should we position ourselves so the little she pays now doesn't go away? 3 years ago a judge imputed her an income b/c of voluntary impoverishment (purposely avoid employment opportunities). If custodial parent were a mother, this wouldn't be an issue.
A: You would do well to consult with an attorney and hire one. Proving voluntary impoverishment, is difficult to do, especially with an new born child (even if the new child is not the custodial parents child). A longer discussion with an attorney than one via an open forum is needed.
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