My soon to be ex wife left me in June’ 09. We have a signed separation agreement which includes a custody schedule for the three children. (The custody schedule says the children will spend equal time at both residences.) At the time of separation, both me and my ex were making about the same amount in terms of income. In the past month, I was involuntarily laid off from work. My severance pay runs out soon and then I will seek to qualify for unemployment insurance. I think I am now in a position where I am due child support.
When using schedule B, for gross income, will my number be zero? I assume not, that I need to use whatever figure I get from the unemployment insurance. But if I don’t have that figure or won’t know it for a long time, what should I use in the meantime?
What if my ex’s attorney argues that my income needs to reflect what it was in my previous job? Is that a reasonable or typical argument in a situation like this?
Does involuntarily unemployment factor into a custody dispute? I have an emergency fund and there is no danger of the children being homeless or me not providing for their basic needs. If my ex’s attorney argues that being unemployed is a reason to modify the custody schedule, is that a valid argument? Does income factor into custody decisions? I have a feeling that my ex would seek primary custody for the sole reason of reducing or eliminating her child support payments.
Thanks for any advice.