State of California.
Custodial parent was making a lot more than initially stated in her income and expense declaration (A difference of $2,200 per month). After many continuations, custodial parent conveniently becomes unemployed and judge overlooks the deceit on the income and expense delcaration.
She has been unemployed for one year now. At first judge took into account the custodial parents unemployment compensation at the time. Following another modification (via motion for reconsideration) for the non-custodial parent three months later, the custodial parent/mother was assessed at half her husband's income (which is the biggest lie of the century) $900 per month. Upon an increase in custodial time for the NCP in June, the judge lowered the support order by $30 but assessed the CP/Mother's income as $0. The NCP would have raised the issue at the time, but did not want to upset the judge.
The custodial parent is now going to school full-time and is not even bothering to look for a job. It is obvious she does not want or have the desire to go back to work. There is a CA family code that says each parent is equally responsible to support the child according to the appropriate age of the child. While the judge cannot force her to quit school, is he able to assess her at $0 per month when it is her choice not to work. The child is 7 and she has a three year old from her current husband. Should the non-custodial parent have to pay for a freeloader and the appropriateness of a child that is not his? The NCP only grosses $2,000 per month and spends $300-$400 a month in travel expenses plus the $356 in support (which includes a WHOPPING $50 credit for travel expenses) and spends 18% soon to be 29% of time with the child. All this while the CP lives it upon on $4,000 per month in household expenses at least on a claim that the household income is $1,800 per month.
Thoughts, codes, precedent, anything?