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How to prove capacity to earn. Ex taking me to court to lower child support....

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KathiM

Junior Member
These are items I would expect the home owner to cover, quite frankly. I could see property tax & repairs/maintenance coming to $1200/mo in CA. So, taking that out, $1200/mo for one person for utilities, groceries, etc? $279/week...? I could see that for one person, if he isn't frugal. And then she covers her share.
OK. here's a better breakdown. About $575. per month for property tax and maintenance. $550 groceries, $80 eating out, $241 utilities $253 phone, auto expenses $257. (I assume he's not counting gas/maintenence for his main vehicle which is his work vehicle..he writes that off on his Sch. C) $250 credit card bills, $200 in "health care not covered by insurance" and $120 for kids health insurance (which he pays me since I have coverage through work and he reimburses for 1/2 of kids coverage). He's saying she doesn't pay towards any household expenses but someone else pays $1200 of the expenses. Of course he'd already lied on that same Income Expense report and said he only made $1400 per month (yes I have solid proof and he's already admitted "stumbling" across his error)

Example, my I/E is closer to $3400.00 per month since my new husband is buying the house. He pays about 2200 of the expenses, I cover the rest with my income.
 


KathiM

Junior Member
Here's a case you might want to look up: Schlafly v. Schlafly.

Basically the Commissioner in the case imputed income to the husband because his home was paid off and he could have rented it out for $X. Case went to appeals, appeals kicked it back and Commissioner found another justification for imputing the same amount to the husband as income.

Not praising the decision, just reporting. It happens that I know the husband, the Commissioner was well known for his "unusual" decisions, and the Commissioner has moved from that county to mine. In Family Court no less.


:eek:
Thank you for the lead. Upon first reading it I was thining..."Hmm...not really the path I want to take" but there's very good information regarding free housing on child support. Thank you for the info!
 

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