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Does she have the right to demand this of me?

I am involved in an ugly custody battle with my ex. I currently have two kids and am a SAHM. My SO supports both children untill the court order's my ex to pay child support. I do work one night a week to contribute an extra $600 a month to our income, but that is all my overworked SO wants to handle. So...my ex's lawyer is demanding that I get a job ?! I am guessing so he does not have to pay as much cild support. Can she do that? do you think she is justified? does this question even make sense?

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Anonymous

Asked by Anonymous at 5:49 PM on Jun. 25, 2009 in Money & Work

Answers (10)
  • I've never heard of that. How does your income or lack of income effect his CS? He pays a certain percent of his income no matter what.
    Anonymous

    Answer by Anonymous at 5:54 PM on Jun. 25, 2009

  • there is no way they can demand that you get a job. absolutely not.
    stepmom929

    Answer by stepmom929 at 6:00 PM on Jun. 25, 2009

  • I've never heard of that either, at least not in Michigan. His child support should be based on HIS income not yours.

    Cindy18

    Answer by Cindy18 at 6:41 PM on Jun. 25, 2009

  • Actually child support is based on both, but if you do not have a job, your income is entered into the equation as minimum wage. See, there is a set equation and the just plug all of the numbers into it, including your income and his.
    toriandgrace

    Answer by toriandgrace at 7:23 PM on Jun. 25, 2009

  • Yes, actually, they can demand that you get a job. That doesn't mean the judge will order it to happen, but they can ask. And yes, I have seen it happen. However, by the time a judge orders something like that both children would have to be in school (therefore there is no reason for you to not work in the eyes of the court). It's a possibility, but if your kids are still young I wouldn't worry about it. And even then, the handful of times I've seen it ordered it's because the parent was abusing child support or living off of welfare.
    Jafra_mommy

    Answer by Jafra_mommy at 7:52 PM on Jun. 25, 2009

  • Never seen that happen in my state..and here CS is based off of the person's income thats paying, not who its going to. That just doesnt sound right..snippy lawyers try to do alot of things..maybe it is a balancing act of what you have vs what you need..and if you have more of an income, you wont need their father to pay as much...i duno...good luck with that though!
    sweetstkissez22

    Answer by sweetstkissez22 at 8:06 PM on Jun. 25, 2009

  • In Wisconsin, it doesn't matter what the custodial parent makes, child support is based on the parent paying the child support. I have never heard of being made to work so the father has to pay less child support, I don't see any judge agreeing to that. Your ex just sounds like a jerk who doesn't want to help support his child and your SO sounds a bit selfish to only want to provide a certain amount of money to help support your children. When someone marries a person with kids, the kids are part of the deal and that means helping to support them too.
    tyfry7496

    Answer by tyfry7496 at 12:36 AM on Jun. 26, 2009

  • He should have to pay his share of what the court orders whether or not you work. I'm with Anon :54 your income shouldn't effect HIS child support. Although if you're having trouble making ends meet, and your SO has to work to support your kids maybe you should get a better job?

    SRiveroC

    Answer by SRiveroC at 9:49 AM on Jun. 26, 2009

  • No he can't child support is based on his income. However you can get free legal advice i'd have some legal standing before I got any further into this! However, I don't think he can demand you get a job!!
    mommyhero

    Answer by mommyhero at 1:28 PM on Jun. 26, 2009

  • When I started getting child support, they had me fill out a sheet with my income (we own a business so we used last years tax return) and she filled in numbers from his income. They come up with a total, and decide the percentage that is supposed to be spent supporting the child, and then decide who pays what percentage of the support. My percentage was higher than his, but he still pays $325 a month. I live in Kansas.

    Whatever they do, they CAN'T make you get a job. There's nothing they can do about it! If they bug you too much, tell them to get a court order or shut up.
    mmmommy0207

    Answer by mmmommy0207 at 4:30 PM on Jun. 26, 2009

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