She is lazy and manipulative. She works 3 hours a day, during the evenings when the children are home from school and 4 hours on Saturday. She wants a modification of child support for their three children to include my income because she thinks I have a sizable income. In Maryland is there a way for her to include my income in the calculations? Also is voluntarily impoverished a rule that is generally favored. She has many hours during the day that she could work, she has a college degree and she works part time....by choice. Kids are 10, 14 and 15.
2007-10-11 02:14:19 · 11 answers · asked by Rein 5 in Politics & Government ➔ Law & Ethics
He pays $1,500 per month, plus $650 for health insurance, plus 80% of any medical expenses, buys their school supplies, clothes and video games, toys..the extras.
2007-10-11 02:53:43 · update #1
§12-204. Determination of child support obligation.
(b) Voluntarily impoverished parent.-(1) Except as provided in paragraph (2) of this subsection if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.
(2) A determination of potential income may not be made for a parent who:
(i) is unable to work because of a physical or mental disability; or
(ii) is caring for a child un der the age of 2 years for whom the parents are jointly and severally responsible.
Based on the above, your husband should file an answer to her summons praying the court IMPUTE an income to her at the level of like-degreed individuals in her chosen field of study at current market rate.
Secondly, the current child support calculator or statutes do not allow for taking your income into consideration HOWEVER, if you place monies into a share account, make sure you can prove to the court what amount of funds belong separate for support calculations.
As to the specific issues, how many days does your husband have the children? What does he earn and what does she
earn?
ADDED BASED ON OTHER RESPONSES:
NEVER bring the children into this situation. It is not healthy and the court will NOT condone such behavior.
Secondly, the ONLY state which allows a child to select with which parent to live by law is Georgia which gives the child that right at 14.
Other states allow a child to be heard at the discretion of the court but the court is not bound by their plea. Again, under this situation, NOT a good practice.
2007-10-11 02:25:46 · answer #1 · answered by hexeliebe 6 · 3⤊ 0⤋
In my opion which you may not like but it sounds like she is taking care of the children and those children should come first no matter what. I also don't think the children should be brought into any situation like others have said. This is between your husband and his X. The income should not be based off of your income. I don't know how much your husband pays for child support but for 3 kids it takes alot to raise them. I get a little over 246.00 for my 3 and it takes more than that to raise a child. Now if he pays enough to raise the children and helps with there medical and helps with odd things than I feel that his X needs to leave well enough alone.
Since it sounds like he is providing for his children the X needs to back off and leave him alone. I can't stand woman that all they want is more and more. I hope the judge socks it to her. Good luck
2007-10-11 09:37:28 · answer #2 · answered by ~~Just me~~ 3 · 0⤊ 0⤋
I have not seen a State that considers a new spouses income for child support. You really do need an attorney though. Make sure the attorney is aware of why her income is so low. I really don't think she will get the judgement she wants.
2007-10-11 10:25:59 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
Just to be on the safe side I would speak with an attorney about this. Generally speaking she can't include your income, but since she is hauling you back into court you need to know how to present that is easily possible for her to increase her income and she is avoiding it.
You need someone who knows the laws in your state, they vary from state to state.
2007-10-11 10:11:13 · answer #4 · answered by ophirhodji 5 · 0⤊ 0⤋
Speak to an attorney. I would keep any of your earnings "separate" from your husbands. Meaning separate accounts, etc. Seek professional help from a lawyer. This is the best I can answer for your question.
2007-10-11 09:17:37 · answer #5 · answered by 'Barn 6 · 1⤊ 0⤋
I duno how to help you cos i am in the same situation. Just wanne tell you i support you!!! Your husdand ex is no different from a b****! She is sooo damn f***, she will sure be a pig waiting to be slaughted by butchers next life!!! If possible, leave maryland and move to another state.
2007-10-11 21:02:31 · answer #6 · answered by christy 2 · 0⤊ 0⤋
Since the kids are older I would have your husband talk to them, I don't know what age they can decide where they want to live, but I'd say living with you and your husband would be better than living with that b****! To my knowledge I don't think she should be able to get any of your income to, definitely have separate accounts though. Good luck!
2007-10-11 09:24:55 · answer #7 · answered by padros 3 · 0⤊ 1⤋
Same thing im going thru what i learned and know no that you incom can't be included
2007-10-12 00:01:55 · answer #8 · answered by CJ 2 · 0⤊ 0⤋
She can for the child under 12, but not for the ones over 12. However that is only if she is disabled to work over a certain amount of hours perweek. If she's healthy, then dont worry about it.
2007-10-11 09:19:08 · answer #9 · answered by miladybc 6 · 0⤊ 3⤋
No, your income wont be counted towards the total if you have an even remotely competent lawyer.
With kids of 10, 14 and 15. It might be in his best interest to press the kids about their mother being a lazy ***.
2007-10-11 09:18:16 · answer #10 · answered by Anonymous · 0⤊ 5⤋