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How is income calculated if you are a stay at home dad to a toddler?

Q: My fiance works 12 hours a week at a temp job early morning. He then comes home and watches our 1 year old. He has a 4 year old with his ex and has not been giving her money since he barely has income at the moment. She took him to child support court and he told the magistrate that he worked 12 hours at a temp job and since it is a temp job they pay well but do not have full time hours. They pay 18 an hr which is hard to come by in his field. The usual would be about 14 for full time positions. He also told the magistrate that he stays home with our 1 year old since I work full time and make the majority of the money. She then told him that he is capable of working 35 hours a week and calculated a temporary order based at 35 when he works 12 hours. This would be literally his whole check per week. Plus how is he supposed to work if he stays home with our baby. The case was adjourned till April where they will then calculate health insurance and preschool tution. What can be done? This isn’t fair if the little money he makes go all to his ex and then I need to pay all of our expenses. The magistrate is basing child support off of money that doesn’t actually exist.

A: Generally a parent has an obligation to maximize one’s income, meaning if they aren’t working a full-time job, the magistrate is entitled to impute income. Thus, he may be best advised to diligently look for full-time work & keep track of his efforts to do so in a job search diary. Call a Bronx Child Support attorney for more info. 

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