Q: if the non custodial parent isn't working and i filed for child support, how will that process work in court?
ive had sole physical and legal custody of my son for 4 years. when i filed for custody i filed for child support too, but because his mom was pregnant and not working at the time, the judge denied the child support and told me to come back once she had the baby. she's had 2 kids since then. So i just recently filed, but she's still not working.She hasn't helped out with anything for my son since I've had him. She only has visitation and thats every other weekend. I just wondered how will the process go if she's not working. How will they determine how much support to give me?
A: Depending on the age of her children, income could be imputed to her. That means the court will determine how much she should be earning if she were working, then calculate the child support based on that. You should consult with an attorney help you prove she is capable of working and providing support.
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