Determining Earning Capacity

[difficult3]

What is the name of your state? Pennsylvania

How is the earning capacity of a custodial parent determined? My husband's ex quit her job about a year ago when she became pregnant by her new husband. She has been taking daycare money ever since. We are going in for a modification on October 12th. While we did already determine that we would come out ahead even if they put her down with zero income...how will they figure out what her income should be? Can my husband do anything to help the situation. He is doing this pro se. His ex lives with a millionaire in Missouri and we're hoping for an adjustment so he can have more money to go visit them.

Thank you for your help.

 

[NotSoNew]

they can just use the amount she was making at her last job, or they can go by her education level and what people in her field make.

its really at the discretion of the courts........

 

[SingleMom67]

Since your husband is going to court pro se, I would also advise him to do his research on the subject before he goes in. I'm sure he knows what the ex did when she was employed. Have him go on salary.com and pull what she should be earning for where she is living. At the very least, the ex should be assessed at what she was earning before she voluntarily quit her job.

 

[betterthanher]

What is the name of your state? Pennsylvania

How is the earning capacity of a custodial parent determined? My husband's ex quit her job about a year ago when she became pregnant by her new husband. She has been taking daycare money ever since. We are going in for a modification on October 12th. While we did already determine that we would come out ahead even if they put her down with zero income...how will they figure out what her income should be? Can my husband do anything to help the situation. He is doing this pro se. His ex lives with a millionaire in Missouri and we're hoping for an adjustment so he can have more money to go visit them.

The fact she quit her job to start another family will not relieve her of her financial responsibility of the earlier children. You should also look into seeing if your state gives the parents a "credit" for other children. Depending on her income level, this could change the cs amount. You can request they put a "zero" income for the mother, but the state might take issue with that since she's voluntarily unemployed and it's both parent's responsibility to financially support their children.

 

[difficult3]

The only other child is his ex-wife's new child with her new husband. How could there be any sort of credit for this if she's collecting support. How could this help us?