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Jul 06
2009
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Ask a Lawyer: Ex-wife's spouse's income in calculating supportPosted by: Dads Divorce on Jul 6, 2009 Tagged in: remarriage , OR , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment
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Question:
My ex-wife purposely doesn't work in order to receive additional child support and submit only the Oregon state basic minimum wage of $1299/mo, however, her husband's income is approximately $4,000/mo. Does this factor in at all when calculating child support? And does the fact that she arbitrarily infringes upon my visitation (ruins it by suggesting "options" to coming with me to my small children, i.e., play with the cousins instead, etc.) on a now regular basis affect what I pay?
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 Oregon. Generally a new spouse's income does not come into play in determining the amount of child support. In general her interfering with your visitation will not give you any right to request a reduction of child support.
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written by denise rini, July 08, 2009
greetings from a bright and sunny day on the north coast. In Ohio, both incomes are calculated and if one spouse is not working, though is able, the court may impute their income at minimum wage. If the spouse is educated, the court may impute an income commiserate with their experience.
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