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custodial parent is now unemployed

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JLM5

Junior Member
What is the name of your state (only U.S. law)? CA

Custodial parent has quit her job to go to school and is being financially supported by her husband and by a recent inheritance, meanwhile, I struggle financially and support 2 very young children with my wife.

If I were to file for child support modification to include financial hardship for my 2 minor children, will the court request an income expense declaration from the custodial parent and her husband? When does the spouse (from either party) become involved?
 


Zephyr

Senior Member
What is the name of your state (only U.S. law)? CA

Custodial parent has quit her job to go to school and is being financially supported by her husband and by a recent inheritance, meanwhile, I struggle financially and support 2 very young children with my wife.

If I were to file for child support modification to include financial hardship for my 2 minor children, will the court request an income expense declaration from the custodial parent and her husband? When does the spouse (from either party) become involved?
Spousal income is almost never involved. I am not sure about the inheritance. The court could look at it as, you knew you had this support obligation prior to having more children, and you opted to have more children.

Your wife is also responsible to help support your mutual children.

I would run the new numbers on the online cs calculator and see if there would be a difference worth going to court for. If there isn't, figure out another way to get through.
 

StampGirl

Senior Member
What is the name of your state (only U.S. law)? CA

Custodial parent has quit her job to go to school and is being financially supported by her husband and by a recent inheritance, meanwhile, I struggle financially and support 2 very young children with my wife.

If I were to file for child support modification to include financial hardship for my 2 minor children, will the court request an income expense declaration from the custodial parent and her husband? When does the spouse (from either party) become involved?
Seriously???? ha ha

Should have thought about finances before you had more children. Its her business if her husband has decided to help support your children and make it easier for her to go back to school.

Run the numbers. Her income would be based on what she was making before she decided to go back to school. If you have had ANY increase in pay since the last child support modification or order, be prepared for an increase esp if her pay has remained the same (at least the same before she went back to school).
 

JLM5

Junior Member
Seriously???? ha ha

Should have thought about finances before you had more children. Its her business if her husband has decided to help support your children and make it easier for her to go back to school.

Run the numbers. Her income would be based on what she was making before she decided to go back to school. If you have had ANY increase in pay since the last child support modification or order, be prepared for an increase esp if her pay has remained the same (at least the same before she went back to school).

Do yourself a favor and don't reply to any future posts from me. Thanks! I have every right to start a family with my wife. Funny how my business is her business just because we had 1 kid together, but her business AND her husbands income is none of my business. MY WIFE and I contribute equally to the financial support of our shared child.
 

JLM5

Junior Member
Spousal income is almost never involved. I am not sure about the inheritance. The court could look at it as, you knew you had this support obligation prior to having more children, and you opted to have more children.

Your wife is also responsible to help support your mutual children.

I would run the new numbers on the online cs calculator and see if there would be a difference worth going to court for. If there isn't, figure out another way to get through.
Thank you for your positive feedback.
 

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