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assumed earnable wages

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ICUB4ER

Member
What is the name of your state? Kansas
My husband and I are divorcing after 15 years of marriage. I have been a stay at home mom the entire marriage mainly due to back problems. I have degenerative disc disease. My Dr. had me apply for SSDI, but I was turned down because I don't have any recent work credits. When figuring child support, the law here assumes that I can hold a job at minimum wage at 40 hours a week. I can't. My Dr even says that I can't.
My husband says that since I am unable to work and don't qualify for SSDI, that he wants custody of our 10 and 13 yr old daughters. He said that the judge will give him custody because I can't work and have no income other than the spousal support that he is supposed to be paying but hasn't.
Will my not being able to work and not qualifying for SSDI cause him to get custody? I can get a letter from my Dr for proof of my disability. Also, since I can prove that I can't work as the state assumes, will that change the child support that he is ordered to pay?
 


seniorjudge

Senior Member
Q: Will my not being able to work and not qualifying for SSDI cause him to get custody?

A: No. If (for one example only) you are a bad mother, then THAT will cause him to get custody.


Q: Also, since I can prove that I can't work as the state assumes, will that change the child support that he is ordered to pay?

A: Google kansas child support calculators and run some figures.
 

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