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  1. #1

    Angry Mom Not Working and Just Collecting Child Support

    My question involves child support in the State of: California
    My significant other has children by his ex wife. She has charges against her due to frauding the welfare system and I am assuming cannot get a job because of this. He pays her the majority of his money therefore not leaving much for our household. My question is why is she allowed to just not work in any capacity and collect child support? And her having custody is not a good enough reason for me.

  2. #2
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    Default Re: Mom Not Working and Just Collecting Child Support

    It doesn't have to be good enough for you - this isn't actually your legal business to begin with.

    That aside, has Dad actually run the numbers in the CS calculator with Mom being imputed a wage equal to at least 40 hours @ min. wage?

  3. #3
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    Default Re: Mom Not Working and Just Collecting Child Support

    If she cannot get a job (and the court can neither order her to get a job or order an employer to hire her) then how do you expect her to work?

    She can be imputed an income, but whether she does or does not work is not something that can be adjudicated. Even if you want it to be.

  4. #4
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    Default Re: Mom Not Working and Just Collecting Child Support

    Quote Quoting raeofsunshine
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    My question is why is she allowed to just not work in any capacity and collect child support? And her having custody is not a good enough reason for me.
    In California you can ask the court to consider earning capacity - which means considering ability to work and opportunity to work - and impute income based on earning capacity. The problem is that you not only have to show that the person is capable of working, but also that there is a reasonable likelihood that a job exists for them given their skills. It would be up to your SO to prove that.

    If your SO can show that and the other parent won't pay, you can ask the judge to issue a seek work order.

    - - - Updated - - -

    Quote Quoting cbg
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    Iand the court can neither order her to get a job
    in california you can ask for a seek work order if you can show earning capacity.

  5. #5
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    Default Re: Mom Not Working and Just Collecting Child Support

    Which still is not a guarantee of employment since no employer is obligated to hire her.

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    Default Re: Mom Not Working and Just Collecting Child Support

    Quote Quoting cbg
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    Which still is not a guarantee of employment since no employer is obligated to hire her.
    But the whole point of imputing income is that the parent is unemployed or underemployed. So you show earning capacity and then the income is imputed regardless of whether or not the parent actually is employed. Then the CP's imputed income is used in the calculator to reduce the NCP's child support obligation regardless of whether or not the CP ever gets a job or not.

    But if the CP won't get a job, you can ask the court to issue a seek work order in california.

  7. #7
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    Default Re: Mom Not Working and Just Collecting Child Support

    I understand that in CA you can ask for a seek work order.

    Do you understand that seeking work and finding work are two different things?

    (I already stated that an income could be imputed.)

  8. #8
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    Default Re: Mom Not Working and Just Collecting Child Support

    Quote Quoting cbg
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    Do you understand that seeking work and finding work are two different things?
    yes, but do you understand that the NCP's child support obligation decreases regardless of whether or not the CP is seeking work, finding work, not seeking work or not finding work once the NCP can impute income to the CP?

    What it seems like the OP wants is for her SO's child support obligation to decrease. That can happen regardless of whether or not the CP actually seeks, finds work, doesn't seek or doesn't find work as long as the OP's SO can show the CP has earning capacity.

    The purpose of the seek work order is so that the child at issue is not harmed by the CP's refusal to seek work once the NCP can show the CP has earning capacity and have the NCP's child support obligation reduced.

  9. #9
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    Default Re: Mom Not Working and Just Collecting Child Support

    Quote Quoting Biscuitbiscuit
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    yes, but do you understand that the NCP's child support obligation decreases regardless of whether or not the CP is seeking work, finding work, not seeking work or not finding work once the NCP can impute income to the CP?

    What it seems like the OP wants is for her SO's child support obligation to decrease. That can happen regardless of whether or not the CP actually seeks, finds work, doesn't seek or doesn't find work as long as the OP's SO can show the CP has earning capacity.

    You're not reading. Or, you're not understanding what you're reading.

  10. #10
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    Default Re: Mom Not Working and Just Collecting Child Support

    Quote Quoting raeofsunshine
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    My question involves child support in the State of: California
    My significant other has children by his ex wife. She has charges against her due to frauding the welfare system and I am assuming cannot get a job because of this. He pays her the majority of his money therefore not leaving much for our household. My question is why is she allowed to just not work in any capacity and collect child support? And her having custody is not a good enough reason for me.
    What gave you the impression that you had to be satisfied with the reasoning?

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