Q: Sons mother not working in her grad field or to her potential because she wants to get more in child support.
I will be going to court for child support hearing at the end of the month. Child support calculated I pay $1000 a month due to the fact she only claims she makes $660 a month. Yes I make a lot more than she does, but she has more of an education than I do with a bachelor's in psychology and child development since 2016 but has chosen to work retail making almost minimum wage and only working 15 hours a week. We have 50/50 physical custody. With what she claims, she is still driving 2 cars, renting an apt with a roommate which costs $2200, and hasn't asked me for any help since May when I stopped giving her child support because I truly felt like I was paying for her way of living so I told her if our son needed anything to let me know and I would get it for her household. After that, that's when she submitted for child support because I stopped paying her $1k a month because we had 50/50. Any help would be greatly appreciated.
A: You have made most of the argument you need to make to the court in your question. Mom is under employed and capable earning greater income. Whether it is voluntary or involuntary will be the question the court will answer. You will need to show what someone her field is capable of making as part of your argument, as well as whatever evidence that her personal lifestyle isnt consistent with her alleged earnings. Ultimately you both have a legal duty to support the minor child. Oftentimes one party is in a superior financial position ans consequently pays more for the child’s needs.
1 user found this answer helpful
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.