About a year ago my ex took me back to court for child support modification. At that time she had just lost her job. Prior to losing her job in May of 2009, she has worked continuously for the 10 years that we have been divorced and made over $30K per year. The modification in June 2009 only based her income in minimum wage at 40 hours per week. So child support was figured using my income and her unemployment compensation. She has failed to get a job during this year and her unemployment ends this month. She is threatening to take me back to court for another mdification based on the fact that she now has no income. Can she do this? Will child support enforcement take me back to court and base child support solely on my income and base her on $0 per month? Isn’t it her responsiblity over the past year to be looking for a job? She will not go to apply anywhere she feels is “beneath” her when looking for a job. What do I do from here? I cannot afford for my child support to be raised any more. I have to be able to live as well. I have even offered that if my ex cannot afford to support my daughter, my daughter can come to live with me, my wife and her half sister and I would even continue to pay her the child support she is receiving now. What can happen here with regards to child support?
The court can impute income to her if it finds that she is depressing her income in bad faith and purposely not seeking a job.
I really do not see any of that happening. My CSE agent is my ex’s “friend” and is always doing things to help my ex out. My real question is can she take me back to court and will the court base child support solely on my income and allow her to claim no income at all?
She can take you back to court, and the court can impute income to her.