Step father is harrassing me

[hoosier_dad]

The only way his income could be a factor is if your ex is voluntarily underemployed or unemployed due to his earnings. If that's the case then you would need to request her income be imputed to an amount consistent with her education and work experience.

[revbrian337]

Awesome, she just told me she might become a stay at home mom or take a less stressful underpaying job because teaching in public school is too much for her. She has a Master's degree.

[Trevor]

And you got that recorded, I trust. What a piece of work she is.

[defaultuser]

The only way his income could be a factor is if your ex is voluntarily underemployed or unemployed due to his earnings. If that's the case then you would need to request her income be imputed to an amount consistent with her education and work experience.

Actually this issue is state specific. Some states, like Florida, count all income, not matter what the source is. If you live in a nice house that you don't pay any rent for, it is income and can be imputed as such in addition to your earning potential.

Other states may factor a spouses income and the need for child support. It all depends on the state and usually, you have to look to caselaw to figure out the situation in your state.

What state are you in?

[revbrian337]

I am in Georgia,
I downloaded the spreadsheet that figures child support, the same one her lawyer used and now it shows a reduction of about a $100 dollars a month because I pay for my sons health insurance.

[Fatheroffour]

I'm sure there are those that can't wait for the taxing authorities to adopt imputed income.

Trying to figure out how this works. So when you make your last mortgage payment the previous expense shifts over into the income column for purposes of calculating support? If dads poor broke < hindquarters > moves into his moms basement to be able to afford to pay his CS, the kids mom can impute his income higher based on market rate rental of his mamas basement?

Sounds nuts.

Do you have some statutes or something to look at to help explain?

[defaultuser]

Depending on how much money her new husband makes, I think you have a case to modify your child support based on him providing an income for her, especially if she is underemployed.

In GA, the law states that income for the purposes of child support are:

Attributable income. Gross income of each parent shall be determined in the process of setting the presumptive amount of child support and shall include all income from any source, before deductions for taxes and other deductions such as preexisting orders for child support and credits for other qualified children, whether earned or unearned, and includes, but is not limited to, the following:

It does not specifically list income of a spouse or in-kind income to be counted as income, and from what I gather, the law is relatively new, but it dies say all income from any source. So... I would guess this means that whatever her new husband pays for is income to her.

I'd bring this up to an attorney or two to see what they may say.

[bionic]

I don't think recording her does anything as it is not admissible. Yet that comes up a lot.

Anyway - to my knowledge - if you lose a job or have a change in circs beyond your control, that is, you did not willfully quit the software engineer gig to downgrade to burger flipper, then file a mod at once with the court. It is either a mod with the court - or in my case an administrative review by the CSEA. Either way it doesn't cost much if anything to do. And don't volunteer any money to the ex or you are just throwing money into the wind. It all has to go through the CSEA so they can get their CUT.

[defaultuser]

I don't think recording her does anything as it is not admissible.

Again, this is a state specific issue. Some places it is admissible.

[Fatheroffour]

Depending on how much money her new husband makes, I think you have a case to modify your child support based on him providing an income for her, especially if she is underemployed.

In GA, the law states that income for the purposes of child support are:

Attributable income. Gross income of each parent shall be determined in the process of setting the presumptive amount of child support and shall include all income from any source, before deductions for taxes and other deductions such as preexisting orders for child support and credits for other qualified children, whether earned or unearned, and includes, but is not limited to, the following:

It does not specifically list income of a spouse or in-kind income to be counted as income, and from what I gather, the law is relatively new, but it dies say all income from any source. So... I would guess this means that whatever her new husband pays for is income to her.

I'd bring this up to an attorney or two to see what they may say.

I too would ask an attorney before making a definitive decision, however, in Ga child support is calculated based on gross income. Within the statutes defining gross income it does use the term " economic in-kind benefits received by an employed obligor" .

You will not convince a court that a husband paying the mortgage for his family should count as income for his wife and if by some stretch of the imagination you were able to slip it by you are then faced with the Best Interest hurdle of the court having to find and support in the written order that any deviation from the presumptive amount being in the best interest of the child.


As stated in the CS companion guide:

Statutory Reference for Findings of Facts: When ordering a deviation from the presumptive amount of child support, the
court or the jury shall consider all available income of the parents and shall make written findings or special interrogatory findings
that an amount of child support other than the amount calculated is reasonably necessary to provide for the needs of the child for
whom child support is being determined. The order or special interrogatory shall state: (i) The reasons for the deviation from the
presumptive amount of child support; (ii)The amount of child support that would have been required by law if the presumptive
amount of child support had not been rebutted; and (iii), How in its determination: (I) Application of the presumptive amount of
child support would be unjust or inappropriate; and (II) The best interest of the child for whom support is being determined will be
served by deviation from the presumptive amount of child support. O.C.G.A §19-6-15(i)(1)(B). See also O.C.G.A. §19-6-159c)(2)(E).


The OP should have her income potential imputed due to her degree but her hubby paying the mortgage is a dead end. If her employer were paying her mortgage, then he would have something.