QUESTION: Support
I am not working, do I still have to pay child support or spousal support?
Answer:
A party obligated to pay child support or spousal support through the court must pay according to his earning capacity, not what he is actually earing.
So, for example, if a highly trained surgeon refuses to work and shows "0" dollars income, the courts will impute to him an income suitable for a person with his training and experience under the circumstancee.
That said, if the person ordered to pay support is receiving a modest amount of money through welfare (or workers' comp, or unemployment), the courts will not impute additional income. Rather, certain entitlements are considered an "administrative finding" as to earning capacity, and thus, in certain instances, no income will be imputed. Of course, the court will consider as income any additional money the welfare recipient is receiving over and above welfare.
You should speak to one of our support law attorneys to discern exactly how the law will apply in your case. We designed this web site to give you a rough idea of the law for information purposes only. Nothing on this web site should be construed as legal advice.
For more information:
I am not working, do I still have to pay child support or spousal support?
Answer:
A party obligated to pay child support or spousal support through the court must pay according to his earning capacity, not what he is actually earing.
So, for example, if a highly trained surgeon refuses to work and shows "0" dollars income, the courts will impute to him an income suitable for a person with his training and experience under the circumstancee.
That said, if the person ordered to pay support is receiving a modest amount of money through welfare (or workers' comp, or unemployment), the courts will not impute additional income. Rather, certain entitlements are considered an "administrative finding" as to earning capacity, and thus, in certain instances, no income will be imputed. Of course, the court will consider as income any additional money the welfare recipient is receiving over and above welfare.
You should speak to one of our support law attorneys to discern exactly how the law will apply in your case. We designed this web site to give you a rough idea of the law for information purposes only. Nothing on this web site should be construed as legal advice.
For more information:
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