What happens when the Custodial parent loses job/remarries

[Ellendra]

My husband's Ex-girlfriend recently got married and lost her job. She is the custodial parent of my step daughter, and has been telling my husband how wonderful it is to work only two or three days a week. She is doing temp work and is not currently looking for a full time job, (and has done under the table work for the past 5 or 6 years) however she has decided to refile for child support in order to get more money from my husband (who has never missed a payment). We are wondering if her husband's income will be included in the calculations since she is the sole custodial parent, and if mine will be as well.

Also, will they take into consideration that she is not even looking for a job right now?

My husband is very stressed, as our budget is very tightly stretched as it is. Do any of you know what SC laws are regarding this?

Thanks,

 

[deefran]

Your husband's ex's new husband's (confused yet?)income will not be used when determining child support.
The courts may determine the amount of support based on what she "could" be earning, (as I am a full time student as of now and the courts determined that I could be making 240.00 per week, although I earn nothing, and they did not take my husband's income into account) They can not force her to get a full time job, but just to warn you, even if she gets a full time job, she can take him to court for an increase to cover child care expenses while she works, (it's been done)

 

[DixieMomma]

-alabama-
similar situation- my husband's exwife is taking him back to court based on "substantial change in circumtances in that she is no longer employed and can no longer afford to cover the minor child's costs of prescriptions". in their divorce decree it states that my husband maintain medical insurance and cover all extraordinary medical expenses and that she cover all co-pays and prescriptions.
she voluntarily ended her employment and has since regained employment. we were told by our attorney that unless she could show "just cause" for unemployment (illness, handicap, etc.) my husband would not be held responsible. we have not been to court on this issue as of yet. the date is set for november. so i cant really say what is going to happen. our attorney does seem very sure that her unemployment will not be considered as a reason to modify their agreement on medical expenses or child support.
also, we were told by our attorney that my income would have no bearing on this case. he said subsequent marriages have no effect on childsupport. the only income that will be considered is my husbands and his exwife's.

 

[buka]

We went to court on a similar issue, only in our case the NCP quit working entirely and was claiming inability to pay any child support based on that. The judge didn't buy it for a minute and the motion was denied. It sounds like that's what will happen in your case too, DixieMomma.