Ex Got Fired from Her Job, Again

[lbbk]

My question involves child support in the State of: PA

I am the NCP and my ex (CP) got fired from her job last December, and hasn't worked since. She had unemployment (26 weeks, plus a 13 week extension), and I was just told that it ran out. My question is, can she take me back to Dom Rel and try and get more support out of me because she has no income? Or will they say that she has the potential to make a certain amount? I know several years ago I lost my job, and Dom Rel told me that it didn't matter, I still had to pay the same amount because that was my potential earning capability. She is quite capable of working, and if she doesn't, she will not be able to support the kids because she will not be able to pay the bills and mortgage. My kids are both in school, so if she worked, there would be no worry about daycare. This is the 2nd job she has lost in the last 2 years because she is always calling off work. She just doesn't want to work. Also, if she does take me back to DL because she needs more money, can I try and get custody on the fact that she cannot afford to support them? Thank you.

[HawaiiMom]

No she cannot. It sounds like she's wilfully unemployed, so if she does try and get more support out of you, she'll probably be imputed an income (as she should) based on her previous employment and her ability to work.

As far as gaining custody though, you should contact an attorney to determine what your options are. You'll need to prove to the courts that the kids are better off living with you.