Question:
Is it legal for my ex to receive the income from her two older sons (both over 18) whom reside with her, and not disclose that to the court for child support judgment?
Answer:
First, you need to consult a domestic litigation attorney licensed in your state as support guidelines and determinations of “income available for support” varies from state to state. When you say she receives income from her sons, I do not know what she is receiving and the purpose of the payment. If they are contributing to the rent, utilities, or other household expenses which they are using, it is likely not income available for support. However, if your state takes into consideration each parties monthly expenses in determining support, you should be sure that she reduces her monthly expenses accordingly to account for the contribution from her “roommates.”
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.
