Q: Can a judge ask for a step parents income in child support modification?
My husband filed modif. Of child support due to work loss and disability. The hearing was today where his ex wife's attorney wanted to know my income and how many hours I work a week. The judge made my husband answer. I feel violated as it's my personal right to my own information and i wasnt even listed in court documents. Is this right? What can i do?
A: Generally the answer is “it depends”. The judge can allow the question, but he or she should not make a finding or ruling on your ability to pay child support that includes consideration of a step parents income. There are caveats to that. For example, if the income is derived from your work in a jointly owned business and a portion of income from the business can be attributed to you, it may be appropriate.
Your options in that case require assistance of an experienced family law attorney. I recommend you consult with an experienced family attorney knowledgeable in child support matters to discuss further.
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