Follow up to TOR: Child Support

JEMmom2012

So I've been researching termination of rights and child support. It seems like they would not include BM's current husbands income when considering child support. She is a SAHM. Seems like they live pretty comfortable from her bragging about her three iPads, buying their son everything under the son, and spending $120 at Victoria secrets a week. (Of corse who knows if they acctually pay the real bills) We are struggling and it's tuff to get the kids in extra curriculars and such. I mean we make it, but we def. have to budget and save where we can. It seems she would not really be required to pay anything since she technically has no income.

Is this true?? I'm sure it depends on the state, we are in NC. I kind of understand it, but then again she chooses not to work. Lol I actually work bc I carry the insurance for ALL of the kids. I would love to be a SAHM.

This is just crazy to me. If this is the case I don't think she will let me adopt as she can continue to not really deal with the true life of having three kids. She will say she is going to come and will for a month or two then disappear again.

:-( how frustrating.

JEMmom2012

Thanks for the information. Hopefully that will be the case. Honestly we don't really care about the money.... We've been making it and will continue to. The goal is to make her decide whether she really wants to be here or not. Hopefully it would at least be enough to make her consider the decision carefully.

Thanks

fellesferie

I am a SAHM who is imputed at my last salary. However, I have a bachelor's degree and a good work history. I was also voluntarily imputed. I did it because I thought it was fair; so I have no clue how it would have gone in the court system. 

Depending on her background (degree? work experience?) I would Google what she might be able to make and ask her to be imputed at that salary. If she's got nothing, then go with minimum wage. 

new+tothis

Ditto everyone else. Here, you'll be imputed at least at minimum wage. If you have a good work history you can argue that she should be imputed at a higher rate based on her potential to earn because she is willfully unemployed. I'm imputed at an income but it was voluntary (like fellesferie) I'm staying at home and thought that was fair. The only exception here is if you child is undr 36 months

CFjo2010

When DH and BM were battling the CS amounts, BM was refusing to work more than 5-10 hours a week.  Plus, she wanted MY income added into the equation so she would get more each month.  The Judge said no, and imputed her at full-time minimum wage.  Then he basically told her if she can't work to support herself and K, then maybe a change of custody was in order.  

Amanda88

wendilea said:

I have a friend who was only working part time driving a school bus.  The judge deemed that she was "willfully underemployed" and computed based on what she would be making full time.  I think the minimum in most states is calculated at minimum wage x 40 hours.  It won't be much in CS most likely, but it's worth a shot.

This. BM in our case had CS calculated at minimum wage x 40 hours. 

JEMmom2012

Wow thanks everyone!! This gives my husband and I hope that she will have to make the decision to really be a mom or not.

Thanks for the encouragement!!