CS question about non-working parent

[truebluemd]

What is the name of your state? md


As far as I know right now, my ex is not working. We have not spoken in quite a while but this could have changed. Our child is an infant. Our next hearing I expect the judge to order temporary CS and visitation. I make about 62k/yr and spend over 1000 dollars a month for my sons daycare, food, clothing, and daily needs. I went to the MD calculator and it calculated his CS at 60 dollars/month based on him only making about 250/month for disability and having to pay approximately 200 dollars/month in CS for another child. Is this what I shoud expect the court to order? 60 dollars/month? He is 34years old and his disability does not keep him from working, as he has had steady jobs in the past. He quit for other personal reasons. He just graduated from college but I dont think he is working. He may be holding out so that the court can use his "out of work status" in the calculation. Can the judge impute a salary based on he will potentially make? And how will back support be factored in?

[LdiJ]

Originally Posted by truebluemd

What is the name of your state? md


As far as I know right now, my ex is not working. We have not spoken in quite a while but this could have changed. Our child is an infant. Our next hearing I expect the judge to order temporary CS and visitation. I make about 62k/yr and spend over 1000 dollars a month for my sons daycare, food, clothing, and daily needs. I went to the MD calculator and it calculated his CS at 60 dollars/month based on him only making about 250/month for disability and having to pay approximately 200 dollars/month in CS for another child. Is this what I shoud expect the court to order? 60 dollars/month? He is 34years old and his disability does not keep him from working, as he has had steady jobs in the past. He quit for other personal reasons. He just graduated from college but I dont think he is working. He may be holding out so that the court can use his "out of work status" in the calculation. Can the judge impute a salary based on he will potentially make? And how will back support be factored in?

Yes, a judge can impute an income to him based on what he can reasonably earn. You might put together some research regarding what someone can earn with his degree, on an entry level basis. Then you present that information to the judge and ask the judge to impute an income to him.

However, I will give you an important piece of advice. DO NOT count on child support to help you support your child. Arrange your budget so that you can handle life without any child support, and then consider any child support you receive to be a bonus. Maybe even put it in savings for a rainy day or for your child's college fund. Downsize if you have to. In the end you will honestly be better off if you do that.

[truebluemd]

I currently dont receive any help from ex. I will only count it as extr and I plan to put at least half into a savings account IF payment is recieved as ordered. I will do some research as far as how much a job in his chosen educational field can earn. The ex was military but was discharged 10 yrs ago for disability but that has not kept him from having a job. He is volunarily impovershed and does not want to work unless it is something in his new career field for which he just got his degree. Do I need to prove that he is voluntarily impovershed?

[Silverplum]

Originally Posted by truebluemd

The ex was military but was discharged 10 yrs ago for disability but that has not kept him from having a job. He is volunarily impovershed and does not want to work unless it is something in his new career field for which he just got his degree. Do I need to prove that he is voluntarily impovershed?

I've never heard of that as a legal expression/term.
"Underemployed," perhaps. But for 10 years? That's his life choice.
And you chose to have an infant with him, after he's made a life choice to be, ya know, impoverished.
Don't expect much. Ever.