Determining Earning Capacity

[difficult3]

What is the name of your state? Pennsylvania

My husband's ex quit her job to stay home with the new baby she had with her new husband. My husband has now filed pro se for a modification because his child support has included $150 a week for daycare. His youngest is now in kindergarten and also would not have needed the same daycare costs even if she was working.

It is possible that she quit her job as long ago as a year. It took us months to even get her to admit she wasn't working. How will the court determine her "earning capacity?" Will they just hold her to the previous income or will they accouunt for any raises she could have had if she kept working? Is there anything my husband can do to show she was "underemployed"?

Also...she lives in Missouri. Does that make any difference in determining her capacity.

Even though spousal income doesn't count...will showing assets help us at all. The house in Missouir is worth a lot more than my husband's old home with her and the new husband also owns land valued at 1/2 million.

For the record, yy husband is not trying to get out of his obligation to support his children. We are just trying to even the scales. She is married to a millionaire and we are in a 1 bedroom apartment barely able to afford the airfare and hotels for visiting his kids.

Any help is really appreciated.

 

[brisgirl825]

They'll probably impute an income to her. It may be based on her previous earnings or, if she wasn't making much, 40 hrs min wage. Her husband;s income doesn't matter, just like yours doesn't.
Even though she is not working, it is likely that your husband will still get a decrease b/c daycare is no longer a cost.

 

[LdiJ]

What is the name of your state? Pennsylvania

My husband's ex quit her job to stay home with the new baby she had with her new husband. My husband has now filed pro se for a modification because his child support has included $150 a week for daycare. His youngest is now in kindergarten and also would not have needed the same daycare costs even if she was working.

It is possible that she quit her job as long ago as a year. It took us months to even get her to admit she wasn't working. How will the court determine her "earning capacity?" Will they just hold her to the previous income or will they accouunt for any raises she could have had if she kept working? Is there anything my husband can do to show she was "underemployed"?

Also...she lives in Missouri. Does that make any difference in determining her capacity.

Even though spousal income doesn't count...will showing assets help us at all. The house in Missouir is worth a lot more than my husband's old home with her and the new husband also owns land valued at 1/2 million.

For the record, yy husband is not trying to get out of his obligation to support his children. We are just trying to even the scales. She is married to a millionaire and we are in a 1 bedroom apartment barely able to afford the airfare and hotels for visiting his kids.

Any help is really appreciated.

Has your husband's income increased since the last time child support was modified? If so, that is going to make a difference in the calculation as well.

No, their assets don't figure into it at all. Also, even if they didn't impute an income for her it may not make as much of a difference as you might think.

You might want to consider running the numbers on an online child support calculator for the appropriate state...just to get a feel for where your husband might be after a modification. Run them with mom at her previous income, and with mom at zero.

 

[difficult3]

My husband is making more money and we already ran the numbers with her at previous income and her at zero. No matter what...we will come out ahead. I was just wondering if there was anything that we could do to help consider her at a higher rate.

Also...she raised her income since the support order was put in place. Would she get away with showing older paychecks? Will she have to prove what was the most recent?

 

[legalcuriosity]

My husband is making more money and we already ran the numbers with her at previous income and her at zero. No matter what...we will come out ahead. I was just wondering if there was anything that we could do to help consider her at a higher rate.

Also...she raised her income since the support order was put in place. Would she get away with showing older paychecks? Will she have to prove what was the most recent?

Just because she quit her job to stay at home with the new baby, that does not relieve her financial responsibility towards her other children. If she's in a state that does this, she'll get a credit of $3100 for the new child. They'll most likely as for the last 3 years of tax returns and the last several months of paychecks. If she had an increase in salary, then her amount of support should reflect that as well (minus the child credit).

I don't agree with the theory of "it doesn't account to much of a difference" if you impute an income at minimum wage or you don't. A few bucks a month adds up and no one should escape financial responsibility. It's irresponsible to even suggest that.