Q: My ex-husband is trying to take me for child support
He's trying to take me for support when I barely make any money or none at all ( Caregiver). He makes more than I do, He's trying to go after my husband ( not the father to the 2 children I have with him) because he's the one that makes the money. Will he win the support case? I have 2 children with my current husband and are always home with them, and I'd love to have more custody of my 2 that I have with my ex husband he won't allow.
A: Child support goes by a parent's "earning capacity," not necessarily his/her "income." If a parent isn't working -- and doesn't have a good reason for not working -- an earning capacity could be imputed/assigned to the non-working parent for purposes of a child support calculation. While you're staying home with your two younger children from a new relationship, you still have an financial obligation to help raise your older two children as well. It'll be up to your local domestic relations office whether they'll assign you an earning capacity, and, if so, it will be based on your earning history. If your ex-husband has always made much more money than you, however, then he probably won't get much (if any) child support from you at all.
In addition, if you'd like more custody of your older two children, you can file a petition to modify your custody agreement and ask the court to award additional custody to you. Your ex-husband's permission isn't necessary at that point, and he'll have to explain to the court why it's not in the children's best interests to spend more time with you.
Best of luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.