Does loss of income due to misconduct minimize child support?

[bakew002]

I live in California. Per our divorce decree, my wife was ordered to pay me child support for our son. My wife is a Physician's Assistant. Recently, she lost her license as a result of flagrant misconduct, including selling drugs, writing prescriptions, forging doctor's names, and getting a DUI while on the way to pick up our son. This is all undisputed and well documented. Now that she has no income, she's coming to me for child support. I own a struggling small business. It seems grossly unfair that she could benefit from her own misconduct by getting child support from me, when she lost her license out of her own brazen wrongdoing. I should add that my wife lives with her fiancee, who is a Surgeon and supports the lavish lifestyle she lives. I cannot afford an attorney and court costs. Can you please help me understand whether her misconduct precludes her from getting child support from me or not? Thank you!

[Friend In Court]

Re: Does loss of income due to misconduct minimize child support?

I live in California. Per our divorce decree, my wife was ordered to pay me child support for our son. My wife is a Physician's Assistant. Recently, she lost her license as a result of flagrant misconduct, including selling drugs, writing prescriptions, forging doctor's names, and getting a DUI while on the way to pick up our son. This is all undisputed and well documented. Now that she has no income, she's coming to me for child support. I own a struggling small business. It seems grossly unfair that she could benefit from her own misconduct by getting child support from me, when she lost her license out of her own brazen wrongdoing. I should add that my wife lives with her fiancee, who is a Surgeon and supports the lavish lifestyle she lives. I cannot afford an attorney and court costs. Can you please help me understand whether her misconduct precludes her from getting child support from me or not? Thank you!

Why would she be getting child support from you? With whom is the child residing?.

Income would be imputed to her, and the fact she lost her license due to misconduct will be no relief from her obligation to support her child.

I suggest you get counsel from a family law attorney should she initiate a modification.

[bakew002]

Re: Does loss of income due to misconduct minimize child support?

Thank you for your response. She is initiating a modification. At the very least, she wishes not to pay me any child support at all, because she now contends she has no income. We have a 50/50 joint custody agreement, and my son is doing well with this arrangement (except for the DUI charge my ex got on the way to pick our son up from school, but I digress). So you're saying in this circumstance she would not be off the hook for child support in this case? Does her living circumstance (living with a rich fiancee) play into this in any way?

[AFFA]

Re: Does loss of income due to misconduct minimize child support?

I wish to inform you that as income has decreased because of act of other parent thus child support cannot be reduced. Any relief on the ground of misconduct will amount to relief on the ground of ones own wrong. It has been stated in the case of Sandra Mourfield v. Melvin Mourfield, 2012 by Court of Appeals of Indiana that child support cannot be reduced because of decrease in income by misconduct.

AFF

[bakew002]

Re: Does loss of income due to misconduct minimize child support?

Oh, that is so disheartening. Where is the justice when my ex can continue to lead a lavish lifestyle living with her partner and squander her medical license away, thus putting me in a position to support her! It just doesn't seem right.

[Disagreeable]

Re: Does loss of income due to misconduct minimize child support?

What are you disheartened about? You simply need to have your lawyer point out to the court she is willfully unemployed and request her income be imputed at the current level and not decreased.

[bakew002]

Re: Does loss of income due to misconduct minimize child support?

Ah, I misread the post by AFFA and somehow read that the outcome wouldn't be favorable to me. I feel better. I guess the question is, does her losing her medical license fit the description of being "willfully unemployed"? She would say she didn't want to lose her job, but her direct actions led to this.

[grim509]

Re: Does loss of income due to misconduct minimize child support?

Yes, it could be considered by the court to be "willfully unemployed." What the court would likely do is base support on her income ability. Have your attorney argue that she lost her income due to her own doing, and the child should not suffer for it. If you dont have an attorney, be ready to be asked to prove she lost it because of her actions and not some other reason. In court, you can ask why she lost her job, paperwork to prove it wasn't due to her own negligence etc (pink slip if she tries to argue she was laid off or her position was cut).

Sorry, but no, her fiance's income does not factor into it at all.

[Friend In Court]

Re: Does loss of income due to misconduct minimize child support?

Thank you for your response. She is initiating a modification. At the very least, she wishes not to pay me any child support at all, because she now contends she has no income. We have a 50/50 joint custody agreement, and my son is doing well with this arrangement (except for the DUI charge my ex got on the way to pick our son up from school, but I digress). So you're saying in this circumstance she would not be off the hook for child support in this case? Does her living circumstance (living with a rich fiancee) play into this in any way?

Since she has worked, is able to work, an income will be imputed to her. Living with her rich fiance means she has no living expenses for housing, food, etc. so whatever income the judge imputes to her is fully available to calculate child support.

She WILL be obligated to support her child, whether she wants to or not.