It's my turn to ask a question, hopefully someone can answer for me!

[meleahk1]

flordia: my x husband and I have finally got a court date in aug. 01. i have rec'd the financial affidavit to fill out. i am not physically able to work outside the home, so I will show no income. However some of the bills are in my name. this affidavit is the standard form, income, bills ect. my question is this: if i don't show income, but do show debts, (my husband pays all debts of mine and his) wouldn't this be one of those circumstances that a judge would rule to consider 3rd party income? which is fine. if not, then what will most likely happen? i suspect that my previous income over a year ago would be used. is this correct? any advise on to properly fill out this form would be appreciated.

thanks so much.

 

[LegalBeagle]

A way to counter this is to imput an income of say $8/hr.. or min wage.

 

[meleahk1]

thanks legal, but i do have a question about that, wouldn't that be like wrong! what would i base my reasoning on to put 8.00 an hour or min. wage. it's a blonde thing i am sure and i just missed something. i do that sometimes.

 

[Legally Blonde1]

Don't forget that you will have to give them copies of your pay stubs. And IF you are working within the home and getting paid for it, that IS income. If you have a boyfriend, and he pays for everytihng, his income is considered HOUSEHOLD income...

 

[meleahk1]

i don't work in the home, the only income is my husband's. that was the question.

isn't this to be considered a 3rd party ruling due to the fact I am unable to work outside the home, and my husband pays all the bills, and the mortgage is in my name, co-signer on the truck, all utlitlies are in my name, i have to show these on this paper.

or

will a judge use my known income from over a year ago.

since there are no pay stubs, then i am not going to put min. wage or 8.00 per hour on these papers. that is not right.

 

[morning_angel]

i don't work in the home, the only income is my husband's. that was the question.

isn't this to be considered a 3rd party ruling due to the fact I am unable to work outside the home, and my husband pays all the bills, and the mortgage is in my name, co-signer on the truck, all utlitlies are in my name, i have to show these on this paper.

or

will a judge use my known income from over a year ago.

since there are no pay stubs, then i am not going to put min. wage or 8.00 per hour on these papers. that is not right.

To my knowledge, a new spouse's income cannot be used to calculate child support. There are instances where the new spouse's income is considered because it "frees up" the parent's income to pay child support, however, in your case, even if they were to consider your spouse's income, it can't free up any of <i>your</i> income, since you have none.

I think that you would be best off to answer the questions as truthfully as possible, and provide affidavits to substantiate that you are not physically able to work. (from your doctor)

Aside from that, I find LB's responses to be quite accurate and knowledgeable, and so I would be interested in knowing why he would suggest that you claim a wage if there is none. Is there some benefit to that? Would the amount not have to be substantiated? LB?

 

[meleahk1]

i to repsect lb's advice on this website, and I am so glad he took the time to respond. but I do have the same qq as morning, how can i put 8.00 or min wage when there is none, is that legal?

thanks to all for responding.

 

[LegalBeagle]

i to repsect lb's advice on this website, and I am so glad he took the time to respond. but I do have the same qq as morning, how can i put 8.00 or min wage when there is none, is that legal?

thanks to all for responding.

It all depends on whether you are able to bring in an income or not. Some people just imput an amount so it takes away any question that the judge would dig deep into your house hold fiances. FL works by the % of an amount. By imputing an income, you are effectively saying that you will provide more for your child than if you entered zero. So instead of the split being 100% to the father, it would be mother 20% and father 80%. This is less likely to cause problems than trying to stick 100% to one person.

It is legal. Just enter the correct figures on the FA but state on the CS worksheet that you will imput an amount.

In FL, the new spouse income will only be used if you try and claim a reduction by including a child that you have had since.

If you are totally not able to bring in an income, then forget everything I had said. State the truth and enter zero.

 

[meleahk1]

see i told you all it was a blonde moment (lol), thanks legal for explaining in detail. i do understand now. there will be zero, i am unable to work outside the home at this time. and a disability is 2 to 4 years away. if i even do one. just for the record, i don't have some terminal illness (at least not at this time) but over 70% of my body is arthritic and life is very difficult to get through each day.

i will certainly state that to the mediator when we go. it is not, nor would it be fair to my x in any way to be held accountable for my illness, and leave it all up to the mediator to make a judgement. besides, my husband does help willing with my children and all our expenses. and yes i know the laws, my x will do what he is suppose to do. he always has.


oh legal or someone else, if you could answer my husbands post, same account name, i think it is several pages over now, we both would appreciate it. it's about his son. thanks so much.

thanks again to all of you for answering.



[Edited by meleahk1 on 07-27-2001 at 12:10 PM]

 

[TickledPink]

Legal Beagle, are you a lawyer in Florida?

 

[deefran]

Meleahk1....Good Luck on this and Good Luck in your husbands circumstances too.

 

[meleahk1]

thanks fran