My ex wife no longer works because she is being supported by her new husband. Can I modify my child support payments to her now that she is voluntarily unemployed?
Child support is only calculated using the custodial and non-custodial parent’s income. The Court maintains the right to deviate from the guidelines if it believes it is justified, but in most cases the Court will follow the amount proscribed by these guidelines. If one parent is voluntarily underemployed because they have remarried and no longer need to work, it is possible for the Court to impute income to the non-working parent for child support purposes.
