but I think what you are describing here is a divorced mother who is not receiving her court ordered child support.
As a means to earn money she turns to prostitutioon and then wonders if the court finds out, will that income mediate against her collecting said child support.
Is that the gist of it?
It's an interesting question, has anyone ever heard of anything similar coming up?
It's also a bit academic because if he is not paying you, what difference does it make if the amount is reduced?
what if a judge determines that the mother works as an escort? How is child support determined??? Can they base it on her previous earnings forcing her back into illegal activity. Can the mother accurately accuse the father of "pimping" like saying "The husband has ignored the wife and children and made opportunity available for her in order to force her into an adulterous situation order to gain custody of the children. A bait and switch horrific fraud.
but I think what you are describing here is a divorced mother who is not receiving her court ordered child support.
As a means to earn money she turns to prostitutioon and then wonders if the court finds out, will that income mediate against her collecting said child support.
Is that the gist of it?
It's an interesting question, has anyone ever heard of anything similar coming up?
It's also a bit academic because if he is not paying you, what difference does it make if the amount is reduced?
What if the father is the custodial parent recieving child support? Could child support be based on her earnings as an escort giving her the argument that she is being forced into "a life of crime" to make her court ordered child support payments?
Stranger things have happened. What's good for the goose is good for the gander.
I have heard of a case in which the mother was a stripper. In determining child support amounts, all of her income from stripping was used to form the basis of her percentage of the child support for the child.
In another situation, an NBA star was ordered to pay tons of monthly child support. Shortly thereafter, he was injured and now works for near minimum wage. A warrant is out for him in his home state for non payment of child support even though he has been paying an equal percentage of his now much lower income.
I'm sorry....this case is so-o-o familiar to me that I forget to explain basis stuff. Gagambler, you are right. The father has physical custody and the mother has had child support modification filed since June 2005...never heard...and I believe arrearages are around $50,000. BUT, I believe it's on the docket now to be heard in a week or two. The opposing party is truly gearing up for there greatest victory! Custody hasn't been determined but this Victory is probably going to determine Custody.
My stragedy was to try and get Custody to be heard first but; hey, the well does run dry...eventually.
Just interested in someone's opinion. Anyone want to guess the outcome???
1. Since father has physical custody and I assume has had this custody since at least 2005, the judge is not going to change that unless there is compelling reason to do so. And that compelling reason must relate to the welfare of the child.
2. Once judge learns that one parent is routinely engaged in illegal behavior, the judge is not going to award custody to that parent on the grounds that it would not be in the best interest of the child. The judge will most likely order supervised visitation only as well, if it is alleged that the illegal activity still persists. The exception is that if the other parent is deemed less appropriate. In rare cases, the judge may not grant custody to either parent under those conditions. Just depends.
3. In Georgia, the amount of child support for non custodial parent will be based on the magic formula of each parent's income as reported on tax returns, pay stubs, 1099s, and bank statements. It's not really up for much debate. You plug in the numbers into the State's form and it spits out the answer. The judge can massage the end result to some degree, but not really that much.
4. The likelihood of having a hearing for custody ahead of a hearing for child support is slim to none, unless your attorney and the judge have some sort of previous rapport and a favor is granted.
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