Q: I have questions about modifying child support
My stepdaughter's mother does not work(by choice) she relies on her husband to support their family. My husband and I both work, I am trying to figure out how to properly do the child support calculator to have an idea of what we should look at when we go to court to modify. I am wondering if I calculate it with her husband's income or with what she would potentially be making if she went back to work?
A:
Only the two legal parents income is counted. There may be an indirect consideration of the court for household income, but that is not a legal consideration and the court should be reminded of that. If the other parent is unemployed, for a variety of reasons the court may only attribute fulltime minimum wage to other parent versu what that individual is capable of earning by education, former employment, and experience (including how long since the parent last worked in position). That is a fact specific determination and the court has the authority to deviate from calculation provided it gives specific reasons. There are other factors to consider including how many minor children in each household, parenting time, who pays medical, and childcare, etc.
most states have a form of calculator online that you can use to estimate what a modification to child support might be.
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