Question:
My ex-wife pays me child support for our 5 year old daughter that I have primary custody of. We have both since remarried, she is now pregnant, she told me she plans on staying home with the baby, but has an order to pay $550/mo until our daughter is 18. How will she be able to stay home? What should I do when she stops paying child support? She was considered in contempt about 6 months ago. She is already $8000 behind, but has been consistent since January 2006, although she has missed 1 payment in 5 months. What can I do when she does have the baby, stay home, and stop providing? I understand I can't do anything until she misses a payment, but when in fact she does miss it, what can I do?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Florida. In my jurisdiction, she can not voluntarily terminate income and expect the Court to stop her child support. The Court will "impute" income to her, meaning that they will factor in the amount that she can earn, even if she does not work.
