Q: Looking to modify an existing child support order that has not been reviewed since 2011.
The father was ordered to carry insurance & pay a set amount biweekly. Since the order was put into place he lost his job due to drug use & eventually completed rehab, now has a new job making a significant amount more than when the original amount was ordered. My husband & I have also carried insurance on the child for the last 5 years due to him being fired & not carrying any. He is now married with 2 more children & his wife does not work. My concern is....I am also married with 2 more children & another on the way & I stay home with my kids, is it going to have an affect on the modification due to the fact that I am not working? I also wasn’t employed when we went to court for the original order 10 years ago bc I was in college & my husband wanted me to just go to school. I now am an LPN but we don’t want to put our kids in daycare nor can we afford to so we have chosen for me to stay home with them & him work.
A: Child support is based on each parent's income or ability to earn income if they are not working. If you are able to work as a nurse but choose to stay home the court can impute income to you as if you were working. The imputed income will be used to calculate the child support.
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