My question involves a child custody case from the State of: NH
This is a quote taken from Nh's RSA 458-C:2 IV. (b) "The income of either parent's current spouse shall not be considered as gross income to the parent unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the spouse shall be imputed to the parent to the extent that the parent had earned income in his or her usual employment."
Does the last part "...to the extent that the parent had earned income in his or her usual employment." mean that if that person didn't work because they have a child and they stay home that their spouses income would not imputed to them? As in the parent has no "usual" employment? The wording is a little tricky to me.
Example:
Two people divorce with one child age 4. Mother did not work since child was born. Child lives with mom Monday-Thursday nights and dad Friday, Saturday and Sunday nights. Dad pays child support to mother (this is her only income for 4 years). Both parents remarry. Mother has another baby with new husband. Circumstances of custody change and child now age 8 lives with dad during the week and mom on weekends. Mother still doesn't work because she has a 1 year old baby with new husband. Does the law impute her husbands income for child support purposes, or not? She is obviously voluntarily unemployed, but the last part of that sentece about usual income makes the law murky to me.
BTW, this is just me trying to understand the language of the law and how it is applied. Thanks in advance.
This is a quote taken from Nh's RSA 458-C:2 IV. (b) "The income of either parent's current spouse shall not be considered as gross income to the parent unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the spouse shall be imputed to the parent to the extent that the parent had earned income in his or her usual employment."
Does the last part "...to the extent that the parent had earned income in his or her usual employment." mean that if that person didn't work because they have a child and they stay home that their spouses income would not imputed to them? As in the parent has no "usual" employment? The wording is a little tricky to me.
Example:
Two people divorce with one child age 4. Mother did not work since child was born. Child lives with mom Monday-Thursday nights and dad Friday, Saturday and Sunday nights. Dad pays child support to mother (this is her only income for 4 years). Both parents remarry. Mother has another baby with new husband. Circumstances of custody change and child now age 8 lives with dad during the week and mom on weekends. Mother still doesn't work because she has a 1 year old baby with new husband. Does the law impute her husbands income for child support purposes, or not? She is obviously voluntarily unemployed, but the last part of that sentece about usual income makes the law murky to me.
BTW, this is just me trying to understand the language of the law and how it is applied. Thanks in advance.
Calculation of Support: Interpreting Language from Child Support Law
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