Q: Do I have to pay child support when my ex chooses NOT to work and remarries?
My ex will not get a job and her min earning capacity is set at $40k. We have joint physical custody (50/50) but I am paying my ex because my income is greater. She is getting remarried and takes all of these lavish vacations, etc. while I struggle every month. What are my options in cutting my ex off?
A: If she earns less than you, even with 50/50 custody you may have a support obligation. It appears that you were already successful in having an earning capacity attributed to her. If you think it should be higher, then I suggest that you consult in person with an experienced family law attorney in your area to discuss that possibility and the pros and cons of pursuing it. Sometimes, succeeding in having a slightly higher earning capacity attributed to the other parent doesn't result in much of a change in a support order.
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