child support?

Question

I live in California. I am the custodial parent and am requesting child support. My ex is unemployed, however the judge is imputing minimun wage on him. His wife is in the military and therefore they live rent and utility-free on the military base. Does the judge consider this in calculating child support? I pay over $1300 per month in mortgage, electric, water, etc. Please only answer this if you've been in this situation or at least know someone who has. Does it matter at all that he is not military, and that his wife is? I do know that his wife receives BAH for self and dependents. That amount she receives went up significantly when they got married.

Let me clarify...I do understand that his wife's INCOME does not matter when calculating child support. Does his military benefits he receives from being married to a military woman play any role in the calculation?

Answer 1

Child support is based solely on the income and financial responsibilities of the parent in question. If his current wife made a million a year your child would NOT get support figured on THAT amount. However, A parent's home, utilities, groceries, etc. are taken into consideration and your ex has no responsibility to pay any of these. Therefore, if he is unemployed and living entirely off his wife then the judge will figure a sum based on what the ex COULD definitley be earning, thus, miimum wage. You should receive 25% (one child) or 30% (two or more children.). This would be at least something over $200 monthly.

Answer 2

Under California law, the living expenses of the parties are not considered when calculating child support. Actually, you are lucky - if he was the woman and you were the man, it is doubtful that the court would have even imputed minimum wage for purposes of computing support. It is not uncommon for women to move in with their boyfriends and fail to work. The court rarely lowers the man's support obligation by imputing income to the custodial mother, and never takes into account the fact that her boyfriend is paying all of the bills.

Other than imputing the minimum wage to him, there is nothing else the court can do. We no longer have slavery, so he can't be forced to get a job tha pays more.

Answer 3

Firstly, no, you cannot attach the new wife's income to the child support calculations. In most state's, you cannot even file a lean on the house if she is co-signer on the house.
Your bills are pretty low if they are all $1300 per month, but this does not figure into the child support situation. You can be living way above your means and spending $13,000 per month....the non-custodial parent will not be paying child support to match your standard of living. It is a %, based on his income.

Now, the good part! there are things you can do, including having him arrested and put in jail. He will have two options:
post bail (which you get...usually) and sign a payment agreement with the prosecuting atty's office OR he can sit in jail, which will be counted as "voluntary unemployment" and he will get around $100 per day credit to the debt....however, upon release, he will still owe child support for the months he was in jail AND he will have to pay the state for their expenses in keeping him in jail.
Perhaps if this information is presented to him, his new wife will have to start providing the money for child support and that may do the trick to get him working.

Good Luck!

Answer 4

None of his wife's benefits came be used toward her husbands child support obligation.

So my suggestion to you would be to know what the court order states and keep documentation of when he has paid and when he has not paid.

Since he has not gotten a job thus far it would appear he will not make payments. If that is the case then every consecutive non-payment of 3 months in a row you will have to take it back to court.

The courts will either give him a payment schedule or put him in jail or put him on work release. It will all depend on the Judge and the laws in state of the court ordered child support.

Answer 5

Sorry sweetie, but you can't touch his wife's money! The only determining factor is the income he will file on his W2. If he is a dead beat with no job, you should just face the facts and realize that your probably won't get much out of him. It's time to start thinking about how you can downsize your expenses to take care of the child on your own and not depend on him for support. I know that sounds a little harsh, but trust me the more independent you become the better off you will be.

Answer 6

It's a formula (it doesn't matter what state you live in) it's what you make plus what your children's father makes...That's what would be in the child(ren's) household if you two were still together...The fact that he is remarried means nothing to a judge your ex husbands new wife cannot be made to pay for the children you and he have together...They're not hers.

Sorry but you may also want to think of relocating to Nevada or Arizona etc...Cali is WAY too expensive of a state for a single parent to try and live in.

Answer 7

His wifes income is not a factor in your CS case. The judge is imputing a minimum wage for him and your CS will be calculated based on that and any other related costs for the care of your mutual children.

Answer 8

you could try to get his tax return, but, if she files injured spouse, you can't even get that! good luck... but, no, no benefits she gets can apply to your child w/ him... I am thinking she won't put the child on military health insurance... she does not have to be forced to, either...

tell them you want him in jail, this will look bad on his wife being in the military, that should get him some bail (support) from her... devious, but, it's worth a shot! also make them suspend his license, and, he can't get a passport until he pays up, so, no visiting her overseas if she is over there...lol!

try to find out if your ex gets money under the table, boy, he sounds like a total loser!

Answer 9

No..the judge can not included the BAH that they recieve. Child support will be calculated using minimum wage and nothing else.

Answer 10

I cant speak for the military or California, but I'd bet that most states are pretty much the same when it comes to child support.

When I got divorced (1988), NYC family law dictated 17.5% of my gross salary for child support. They didnt care how much I made, or what my bills were. Child support is pretty much mandatory in most states.