California- Ex wife is screwing me.

[1gooddad]

So My ex wife cheated on me and left me. We have one child and when she left our Daughter was 3.  She's now 9.  From day one without court orders ive paid my ex child support.  We share 50/50 custody.  She finally signed our divorce papers 5 years later and agreed to 300 a month child support and 50/50 custody and I pay our DD health ins.  2 Months after our divorce was final she had another kid from a different guy. They are both unemployed. They live in low income apartments and shes on welfare.  I got remarried to my long time gf in July. My ex served me Modification to child custody and support on July 4th my wedding day. 6 months after we finalized our divorce with the agreement.  She was requesting 85% custody and more money.  She didn't win any more custody at court, however they ordered me to pay her 1000 a month in child support.  I got a lawyer and am going in to modify because I one cant afford that, I make 4720$ gross and own my home and we have car payments.  I want her to be held responsible. She is willingly not working!  Can I request she be held accountable with imputed income?  She has a 9 month old child but the baby can stay with the father who lives with her.  She is just as responsible for this child as I am.  She said to the judge she wants to go back to school but I don't give a shit she still needs to do her part in supporting our daughter.  God I hate this women!! HELP!!

[tigger]

It depends on what state you're in.  Some states are a straight percentage of the NCP, others are based on the income of the two parents.  In my state (NC) it's based on the income of the two parents and a non-working parent can have income imputed.  However, a parent who has other kids (either before or after the child involved in the CS hearing) can have their "available" income reduced based on what they owe for the other child.  In my case, my ex had a child after our divorce and the ex's portion of CS was reduced (and mine increased) based on the decreased available income.