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Can ex wife's husband's income be used for Child Support?

Discussion in 'Child Support' started by buster, Aug 27, 2011.

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  1. buster

    buster Law Topic Starter New Member

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    When we divorced in 2006, I was awarded sole custody of our 3 children. Ex wife was ordered to pay child support. She remarried in 2007 had a a child in 2008. After the birth of her child she quit working "to be a stay at home mom". For the past two years she has fallen far behind in support payments and pays sporadically at best. Arkansas Administrative Order 10 Child Support Guidelines Deviation Considerations states "other income or assets available to support the child from whatever source". Am I correct in understanding this to mean her husbands income could be considered "other income" to pay her support payments?
     
  2. Proserpina

    Proserpina Moderator

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    Sort of.

    It can be considered - for the purposes of calculating support - if Mom is deemed to be voluntarily underemployed, but it's far more common for the State to impute her an income equal to at least 40 hours at min. wage or sometimes what she's been capable of earning,

    However he will never be forced to pay her CS obligation; his money is his.
     

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