Scenario: 2 parents, both working, are divorcing. The mother makes just as much money as the father, yet she is in sales and works on total ...

Question

Scenario: 2 parents, both working, are divorcing. The mother makes just as much money as the father, yet she is in sales and works on total commission.

Question: Can she stop making as much money on purpose so that the father has to pay more child support?

Also - is it possible for this father to get joint physical custody along with joint legal custody?

Thanks!

Answer

To answer your first question, the court can impute income to a parent who's underemployed or not working if they are intentionally trying to avoid the responsibility of paying support. As to the second question, the court typically awards joint legal custody so the parties can make health education and welfare decisions for the children. Actual timeshare depends upon the needs of the children ,geographical location of the parties and other factors.