Can my ex husbands wife's income be included when determining if I should pay support? 1 Answers as of February 28, 2012My 15 year old moved out suddenly in Nov. to live with her dad and stepmom. I have tried since to get her to speak to me and she refuses. I have tried on several occasions to speak to my ex about it. He has either not responded or told me to "give her time she seems clear headed". I am now facing a custody battle in which he wants full custody of her but not our 12 year old. He is also trying to get me to start paying support. I already pay for the medical insurance and I am responsible for the first 950 of medical bills. I fill like he is keeping her from me. I do make more than him but his wife makes a lot more than I do and they take many trips every year and have lots of expensive toys. I would like to know if her income can be somehow figured in this and if I can pursue his denying me time with our daughter?
Law Office of Lynda H. LeBlanc | Lynda Leblanc
First, you should try to get into some type of counseling with your daughter, as there are obviously issues that she is not discussing with you. You can file a rule to show cause against your ex-husband for not following the current order, but the outcome of that will highly depend on why your 15 year old moved out and refuses to come home. As for child support, you cannot use the step-mom's income, but you can ask to impute income to your ex-husband if he is voluntarily unemployed or underemployed because his new wife is supporting him. This generally only works if he has decreased his hours or income since the time you were married. As for the medical insurance and uninsured expenses, that will be recalculated if custody is modified, and you will each have a certain amount you must pay for the child in your care before the other has to reimburse you a certain percentage, and you will get a credit for the portion of the insurance premium you pay that is for the children. You should talk to someone in your HR department and ask for a document to show what the cost is that you pay now with the kids and what it would be if you paid only for yourself.
Answer Applies to: Indiana