CS/SS Questions for CA (Los Angeles)
My significant other is in the process of divorce from BioMom. 2 Minor children (16 and 13) involved.
Background--he has been self-employed for the last 6 years. Due to economy/recession, his business has made NOTHING for the last 2 years. Even in his "haydays" of income, he still never made more than 50% of what BM made.
Now to support questions that are coming up. BioMom is absolutely furious that she has to pay him CS and SS even though he is not working "and he is a college graduate and perfectly capable of doing so." From everything I read on CA support issues, the court is supposed to go by the Dissomaster for calculating support, and the fact that he doesn't have a job doesn't matter. Neither she (nor the court) can make getting a job a requirement for him getting the support he rightfully deserves.
Anyone ever have any issues with the courts giving LESS than the Dissomaster called for based on employability of one spouse?
He has no income
If I understand your question correctly my answer would be:
The fact that your BF is not earning much of a income should neither increase or decrease the amount of CS the bio-mother will be ordered to pay.
It can't hurt to prove in court the level of his income. Usually tax records for the past two or three years will suffice.
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Since no one else will thank you for what you've done I will do so now. Thank you for being important in a kids life. Fifty years from now its the only thing that will matter about your existance.
here in Northern CA...
My DH's Xwife had a college degree (he did not) and had worked for several years at his same level of pay. The last 3-4 years of the marriage, she did not work outside the home. During his divorce, the court issued a "return to work Order" which basically said since there was no physical reason she could not work, she had to seek employment. She was supposed to apply for at least 15 jobs a month, keep a log of every job application, and turn it in to the court monthly. She never did any of this, and the lawyer pretty much said filing contempt charges would just be a waste of money as the court would just slap her on the wrist.
HOWEVER, when calculating income for the Dissomaster, the court imputed minimum wage for her income. Guess they figured she could at least work at McDonald's regardless of her degree?! When my husband finally got full custody of his son, she ended up owing him CS -- even though she still did not have a job.