Question:
My ex-wife wants to modify child support so I am paying more because she quit her job in order to go back to school.
She also lives with her parents and does not pay rent so her expenses are minimal.
Can my child support be increased because my ex-wife voluntarily quit her job?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child support laws where I am licensed to practice.
If your ex-wife tries to modify child support on the grounds that she is now unemployed, you may argue that income should be imputed to her as she is voluntarily unemployed.
The court will look at many factors, such as whether her additional schooling will allow her to earn at a higher level to provide for the children.
However, you may request that since she does not pay rent, that the amount she would pay for rent be imputed to her as that is something that should would normally have to pay for but is receiving for free. The court will have discretion as to whether to grant this request.
Child Support Laws:
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
