BelizeBreeze said:
No, it's case law. the quality of life allows the courts to take into account the combined incomes of both households impute an income to a ncp OR cp when they are not working.
It does NOT mean that the unaffected spouse of a cp or ncp is in danger of having a garnishment against their wages or possessions but it does mean that any jointly held property can be seized should the arrearages be sufficient to warrant.
BB, in Florida the court can take a spouse's income into consideration ONLY under the following circumstances:
1. NCP does not have enough income or assets to support child.
2. NCP raises the existance of SUBSEQUENT children and their expenses/support.
3. CP raises the existance of SUBSEQUENT children and their expenses. Then CP's spouse's income or the amount of CS CP recieves for other children can be considered.
4. When determining payment of arrears the NCP's spouse's income/assets can only be considered IF NCP cannot pay ANYTHING toward arrears.
Basically Florida is one of the states that doesn't take "quality of life" into consideration in CS cases. However, in OP's situation, with hubby being out of work, # 1 above MIGHT apply.
TO OP,
No one can garnish YOUR wages for the CS. Any assets that you own JOINTLY with your husband can be seized, but only in rare cases. Either way, you should protect yourself by not owning assets jointly and having seperate bank accounts.