spouse responsibility

[val1104]

What is the name of your state (only U.S. law)? Florida
My husband pays child support and was recently laid off in May. His ex-wife said don't worry about child support until school starts in August.He is trying to start his own business, but it has been very slow. We're paying over half of the child support owed and are trying to pay more. She has decided to take him to court for the back child support and is requesting for him to pay attorney fees.

Can the court count my income and assests to asses if he can pay? Or is my pay not considered?

[Blue Meanie]

Originally Posted by val1104

What is the name of your state (only U.S. law)? Florida
My husband pays child support and was recently laid off in May. His ex-wife said don't worry about child support until school starts in August.He is trying to start his own business, but it has been very slow. We're paying over half of the child support owed and are trying to pay more. She has decided to take him to court for the back child support and is requesting for him to pay attorney fees.

Can the court count my income and assests to asses if he can pay? Or is my pay not considered?

It's possible that the judge may take your income into consideration. Dad should have gotten a modification when he was laid off. A support order is not a suggestion. When you have a child to support you do not start your own business unless you have saved enough money to continue supporting said child as ordered.

[Ohiogal]

Originally Posted by val1104

What is the name of your state (only U.S. law)? Florida
My husband pays child support and was recently laid off in May. His ex-wife said don't worry about child support until school starts in August.He is trying to start his own business, but it has been very slow. We're paying over half of the child support owed and are trying to pay more. She has decided to take him to court for the back child support and is requesting for him to pay attorney fees.

Can the court count my income and assests to asses if he can pay? Or is my pay not considered?

Assuming you meant ASSESS your income could be considered whether he should be able to pay. He has CHOSEN to start a new business and chosen not to return to the job field he had. So it is very likely he can have to deal with paying most of his new business income in child support.

[Gracie3787]

Originally Posted by val1104

What is the name of your state (only U.S. law)? Florida
My husband pays child support and was recently laid off in May. His ex-wife said don't worry about child support until school starts in August.He is trying to start his own business, but it has been very slow. We're paying over half of the child support owed and are trying to pay more. She has decided to take him to court for the back child support and is requesting for him to pay attorney fees.

Can the court count my income and assests to asses if he can pay? Or is my pay not considered?

Normally, your income would not be considered. However, the law does allow it to be considered if it is proven that hubby is voluntarily unemployed, or underemployed. While his initial unemployment was involuntary, his starting his own business could be considered as being underemployed.

He really should get a consult with a local attorney to see what his options are. If he has not been making an effort to find employment, he should start that now so that he can show the court that he is trying to find a job in addition to his self-employment.