Soon to be ex-spouse is living with current boyfriend. I'm trying to calculate how much I will need to pay for child support. She does not work, but her boyfriend provides for her, and the children, when they are there.
Short answer: No. Only the parents' income counts for calculation of child support. That means yours and hers. Others living in the household, e.g. boyfriends, step-parents, other family members, are not considered in calculating income for child support purposes. It's nice of him to help provide for your children, but he has no legal obligation to do so. If the mother has no income because she chooses not to work, then she may be considered voluntarily underemployed. Unless one or more child is preschool aged or younger, she is expected to work and help contribute to their support. If she does not, then income could be imputer to her for purposes of calculating the child support.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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