i am a single parent trying to collect child support. the non custodial parent now married and he and his wife have a child. they decided it would be best for them that she works and he stays at home to take care of the kids. due to this he has very little to no income of his own. now child support enforcement in missouri says that i am responsible for about 80 percent of what they say it cost to raise a child. is there a law that goes off of household income in this situation or can they base it off of something else since he is able to work just choosing not to?
1 Answer from Attorneys
Re: household income
Unless there is some compelling reason for your ex-husband to stay home (a child who needs 24/7 supervision due to an illness, for example), the court MAY impute income to your ex-husband. This may be so especially if the court believes that your ex-husband is staying home just to avoid paying child support. I think most judges will take the approach that the children he had with you created an obligation that he can't avoid. The state child support agency is probably much more reluctant to impute meaningful income to your ex-husband; a circuit court judge has much more discretion in imputing income. I would need to know what point you are at with the state agency to determine your next step.
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