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jsmith
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Reged: 12/27/06
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stay at home mom
      #180628 - 12/27/06 07:21 PM

i am a stay at home mom filing for child support. I have physical custody of my daughter. My question is will the judge order me to get a job? I've never been through this so any info would be great. I'm in Contra Costa County.

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ljnsy
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Re: stay at home mom [Re: jsmith]
      #180631 - 12/27/06 07:30 PM

How old are your children?

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Rebecca5
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Re: stay at home mom [Re: jsmith]
      #180632 - 12/27/06 07:31 PM

It's likely that your income will be figured at an amount that you would be capable of earning if you had a job...what they call "imputing" your wages. No, you won't be forced to work.

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jsmith
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Re: stay at home mom [Re: Rebecca5]
      #180633 - 12/27/06 07:34 PM

My daughter is 10 months old.

My ex husband told me that the judge would force me to get a job and would ask me why im living with my parents again and so forth.. true??


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Rebecca5
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Re: stay at home mom [Re: jsmith]
      #180636 - 12/27/06 07:36 PM

Your best bet is to ask a local attorney...but in my totally unprofessional opinion....no. Sounds like he's trying to scare you.

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ljnsy
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Re: stay at home mom [Re: jsmith]
      #180637 - 12/27/06 07:38 PM

The judge will not make you get a job regardless of age. The reason I asked about age was because, if you get a job, you need child care. Depending on your skills and what type of job you would get, it would probably be more logical to not work since most of the money you would make would most likely go to child care expenses.

--------------------
"Some cause happiness wherever they go; others, whenever they go." --
Oscar Wilde


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jsmith
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Re: stay at home mom [Re: Rebecca5]
      #180638 - 12/27/06 07:38 PM

Thank you Rebecca. Wish me luck yall. My court date is Jan. 3. Any advice?

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ljnsy
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Re: stay at home mom [Re: jsmith]
      #180639 - 12/27/06 07:39 PM

Oh, and the Judge will NOT care that you are living with your parents.

Is dad trying to get custody?

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"Some cause happiness wherever they go; others, whenever they go." --
Oscar Wilde


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Rebecca5
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Re: stay at home mom [Re: jsmith]
      #180640 - 12/27/06 07:42 PM

Include a provision for splitting any child care expenses, should you decide to return to work or school...and make sure that medical care is addressed.

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jsmith
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Re: stay at home mom [Re: Rebecca5]
      #180643 - 12/27/06 07:45 PM

He wants full custody and I want full custody. And i'm going back to school in march.

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tsl
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Re: stay at home mom [Re: jsmith]
      #180644 - 12/27/06 07:55 PM

why not joint custody? Any legit reasons???

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mommy2boys
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Re: stay at home mom [Re: jsmith]
      #181121 - 12/28/06 09:07 PM

La has a statute pertaining to CP's working with children under the age of 5 yrs. Basically the CP doesn't have to get a job and the NCP pays a majority of support, especially if the CP was a stay home parent during the marriage.

How are you providng for your infant with no job? If your parents are footing the bill, all household income can be considered when determining CS, since your actual expenses are reduced.


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Cinder2
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Re: stay at home mom [Re: jsmith]
      #181585 - 12/30/06 12:46 PM

The judge cannot force you to get a job, but in California, child support is calculated using both parents' incomes. So the judge will impute (assign) you a wage based on your last job or your capabilities. The judge will not care that you are living with your parents - that is very common when people split up.

Cinder


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