CJane
Senior Member
We're in MO. Stupidhead actually has a job now, making decent money, and I have never requested that they include his investment income for CS purposes. So, our situation is different.The advice wasn't asked for, but here goes....
While I'm unsure what state stupidhead resides in, there are plenty of California decisions (and published) that support the argument that stupidhead must maximize his income for the support of his children. If he elects not to, the court can impute income (Wage Assignment Order) equal to that which he could make if he chose to.
It's difficult, requires lots of evidence, and likely an vocational evaluation, but I'm just a lowly Pro Se litigant, yet I caused my ex to undergo two evals, which successfully got her back to work.
I'm just saying that NW's scenario only works if 'all other things' are equal income-wise. And they oh-so-rarely are.