Q: Daughter wants divorce and joint custody. 2 children. Husband refuses to work. Will she have to pay child support?
She wants the divorce due to his failure to provide for last several years. She has necessarily been the sole support of the household. What options does she have? Can she file for sole custody to avoid supporting this bum?
A: Child support is for the child and the guidelines used to calculate it largely take into account the number of overnights each parent has with the child and the disparity in income. The number of overnights - mostly construed to be parenting time - are governed by a different set of factors. Suffice it to say that parenting time is different than custody.
This soon-to-be ex's refusal to work, alone, will not persuade a court to grant your daughter sole custody. If this man can work, the friend of the court will impute income to him - an amount of income he should be able to obtain based on his work history, education, ect. That will be used to calculate support.
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.