Q: I have a question about imputing income as well as other factors in a case.
I have an intergovernmental case. (I'm a non-custodial parent to two teenagers who live on the East Coast). Basic facts of the case:
The non-custodial parent has purposely not worked from 2017 to the beginning of 2024. (8 years) when they were more than capable and qualified to work. They relied on my current support order & their domestic partner's monthly income (9k/mo) CA cost of living (much higher) vs. the state my ex is in. My overall expenses are a lot more. I have 2 younger children w/ my current wife. I know calculations are solely based on time spent with the children as well as income of both parties. The custodial parent now has a job at the beginning of 2024 which has not been reported to the courts yet. 2nd: There's been a child care cost baked into the child support that was never removed for years that I've been paying since 2016. Kids grew out of child care years ago. I want to keep my current order amount. Considering the above, do I have a case?
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A:
Based on the details you've shared, you likely have strong grounds for a modification case. The fact that the other parent deliberately remained unemployed for 8 years while having the capacity to work could support an argument for imputing income, even though they've recently started working.
The outdated childcare costs present another compelling factor in your favor. Since these costs are no longer actually being incurred, you can request removal of this component from your support calculation retroactively. You might be able to seek reimbursement for the overpaid childcare costs, though the court's willingness to order this could vary.
Your higher cost of living in California and obligations to your younger children are relevant factors the court can consider. While you mention wanting to keep your current order amount, you may want to gather documentation of your ex's new employment, your California living expenses, and proof that childcare is no longer needed. Consider filing for modification soon, as courts typically won't adjust support retroactively before the filing date.
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