Get a Job???

[Robin Hollis]

CA. During a modification hearing for child support, can or will a judge order the NCP to get another job if they are far behind in support and asking that the amount be lowered? In my case, my ex is only reporting a small amount of income. Could his spouse's income be taken into consideration if I can prove that he quit a second job that he had within the last year or so? Trying everything to prevent the lowering of the CS that I can think of. Thanks.

 

[MySonsMom]

I'm not sure about the job thing but his spouses income cannot be used to pay back support. She is not financially responsible for the children, he is.

 

[Robin Hollis]

I had asked about the spouse's income being included because I had read in the CA Code under Family law Section 4054 subdivision (d) paragraph (1) and section 4057.5 subdivision (2) paragraph (b) that an obligor's spouse's income may be considered in the calculation of child support if the obligor has voluntarily or intentionally quit work or reduces income or who intentionally remains unemployed or underemployed and relies on a subsequent spouse's income. Like I said I'm trying anything I can to prevent this from being lowered. Thanks.

 

[Robin Hollis]

Oh, and the modification is not for back support, he is requesting that the CS amount be lowered. The amount of back support will probably be discussed in court? I'm guessing that it will anyway.