Relevancy of Re-Marriage and Child Support Obligation

[dadadvocate]

My former spouse is the custodial parent of our teenage children (ages 17 and 14), she is re-married and voluntarily unemployed, as she is raising her toddler that she had with the current husband.  She is taking me back to court for more child support.  Trying to find out if her new husbands income is factored into the calculation of adjusted support and also if imputed income can be applied to my former spouse.

[tigger]

His income isn't a factor but the fact that she's voluntarily unemployed is.  Especially if she were employed during the marriage and after the marriage until recently.  Income can be imputed.

[ocean]

Exactly, look for your state's child support calculator online. Plug in the numbers with her working and see what number it says. Then find jobs in her area that she could have if she were employed and salaries. Try to get it imputed and say you are willing to pay your share.

However, in NY, it is 25% of the non-custodial salary. They do not really care what the CP does....and step-parents income should not be used. You can ask for last years tax refunds and see if he whites out his salary....

[dadadvocate]

This is good information.  Thanks for the input!