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Topics - ScottK

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Can someone please help me find a legal case or reference to attaching the income of my ex's spouse.
She and I have 50/50 custody after a year long battle against false allegations of abuse where she was able to steal my child from me and have me incarcerated. I worked long hours (90-100/week) to pay for the lawyers necessary to beat these malicious allegations and earned a considerable amount. A year ago the Judge ordered custodial rights returned to me and for me to pay CS based on the amount I earned while I was fighting to regain custody of my child. Two months after getting the CS order my ex quit her $33,000.00/yr job to live off of child support and her new husbands income and stated that she would be seeking a higher order from me now that her income was diminished. She recently filed for that change. My income is reduced to less than half of the amount I was making before custody was restored to me as a direct result of having custody. Even being able to pay the amount set in the existing order is difficult with my household bills. Her husband agreed to support her while she pulls this stunt and his income is $90,000.00/ yr. I know that she is entitled to half of it.
How can I show this as Actual or Potential Income now that she has Voluntarily Impoverished herself?

I found this but am uncertain of the source:

The Ability of the Noncustodial Parent to Pay - The court will look at income from all sources when it decides on the amount of child support. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, etc. If the non-custodial parent marries again, the court will usually not look at the new spouse's income. However, there are some exceptions.

The court will consider a new spouse's income if one of the following occurs:
(1) The parent paying the child support claims that s/he is unable to pay because of debts.
(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owes
the support has left a job voluntarily in order to avoid paying child support.

(3) There is a claim that the parent paying child support is hiding assets. [fn.13]

The Earning Capacity of the Custodial Parent - Both parents have the duty to support their children, not just the paying parent. The court will also look at the earnings of the custodial parent. In particular the court will look at the resources which are available to support the children. The court may also look at your capacity to earn more money. The court may also consider the income of a new spouse when determining child support levels.[fn.14]

The Other Responsibilities of the Parents - The court will also look at the other lawful responsibilities of both parents. For example, if the non custodial parent is paying child support from a previous marriage, the court will consider that obligation also. Necessities of life, such as rent and food will also be considered by the court. However, the court will not reduce child support payments to make it easier for you to pay discretionary obligations. For example, a parent cannot buy an expensive car instead of providing for his or her own children. [fn.15]

If anyone has any idea as to it's source I would really appreciate them letting me know.

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