Child Support when not working w/sick child???

[Gracie3787]

What is the name of your state? Florida

I recently requested an increase in child support for my oldest son who is 13. His father countered by seeking custody and requesting child support. I am not adverse to this situation, but I have not worked in 2 years because my current fiance and I have two toddlers (not school age) and one of the children requires therapeutic services 35-40 miles from my home twice a week. Can my son's father imput child support from my previous salary of $55,000?

Since Florida is an income shares state, and by law requires that children be supported by both parents, yes, and income will be imputed to you. The court has a couple of choices, one would be to impute your former income. The other would be to impute minimum wage. The other, which is likely what a Judge will do, is to impute an income based on your husband's income. Although FL doesn't normally use a spouse's income, it can be used to determine an amount to impute when a parent is unemployed or underemployed for any reason.

 

[newwifefl]

I am curious as to the details of how a spouses income could/would be imputed in cacling child support in this case. Would the court imput the spouses income completely? If the spouse made a significant income this could greatly sku child support for both NCP and CP. Can you explain how that works? When would they do that vs. imputing the wifes former income of $55k. Thank you.

 

[Gracie3787]

I am curious as to the details of how a spouses income could/would be imputed in cacling child support in this case. Would the court imput the spouses income completely? If the spouse made a significant income this could greatly sku child support for both NCP and CP. Can you explain how that works? When would they do that vs. imputing the wifes former income of $55k. Thank you.

If the former income was $55k, that is almost certainly what the income will be imputed as. The mother's spouse's income would only mean that the mother won't be able to claim "poverty" to keep an income higher than min wage from being imputed.