You are not responsible for his child support, however this does not mean that the Support Magistrate is not going to look at your income in determining what the order should be. For example, if it appears that your husband is purposefully not working to try to lower his child support order, then the court can impute income (make a finding that he should be able to earn a specific amount and base his order on this amount). The court can find that he has expenses that he is not responsible for because of your monetary input into the household, and that this frees up some extra money which the court can direct be applied to his child support. The court does not usually do that, but may if the parent is acting in bad faith. An example of a situation I have seen the court do this was a situation where the father stayed home as a careprovider for the second family's child. The sole income in the father's household was the new wife's income. The Support Magistrate found that the father was responsible for support to his first family's children even though he had no income on paper, and the household income was the new wife. The times when the Support Magistrate does these kind of things are usually limited to situations where the father(or mother) is avoiding their responsiblity to their children.
Okorie OkorochaDUI / DWI AttorneyStudio City, CA ·
In my state, Ca, it can under special circumstances, but rarely is.
My standard disclaimer: I am not offering legal advice, assume I do
not know the law in your state or at all for that matter and that I am
just making suggestions for starting points for when you do speak with
an attorney. Do NOT rely on anything I write and contact a lawyer in
your area immediately after reading my posting.