Legal Question in Family Law in California
My ex has been living with her boyfriend along with my 4 children since 2006. Boyfriend is very well and very generous with my children...he is a good man!
My concern...My ex is demanding more child support, however, when she submits her I&E, she claims no income only "charity" from friends. She has not filed taxes. She has a rental property (our shared residence that I signed over in lieu of child support)
The "ex" has placed all 4 children in Private school to the tune of about $45,000 per year. I am not paying and the courts have clarified that I am not responsible for the private school.
I have estimated that her and my children's current living expenses to be in excess of $12,000 per month with all the "extras". I am self employed and my income has not exceeded $2000 per month for the last 4 years....ya...that sucks!
This is only one of many expenses she has accustomed my children to since our divorce. They live a very pampered life with a full time nanny, etc...
Can this "charity" be considered imputed Income? Can I use this as a defense to not increase child support?
1 Answer from Attorneys
You cannot sign over a residence in lieu of child support, so that is part of your problem. If she is renting the property out, however, she must claim that income on the I&E. She also does not have a right not to work and provide her half of the support for her children, no matter how much he makes or has, unless she is willing to have what she could and should be making added into the calculation as if she was making it. Imputed income and get work orders, however, are not the simplest things to get ordered. You probably should consult with an attorney who practices Family Law regularly in your county for some help or representation on this.
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