ANSWERS: 2
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Both, but his wifes income is only considered as an offset (I am assuming you are referring to alimony). If they find he is not working merely to avoid alimony, then they will base alimony on his earning potential. If they find that he is not working for a legitimate reason (e.g. his wife makes more and someone needs to watch the kids), then they will consider his ability to pay based on his overall financial position.
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Each state is different. In Missouri, child support is based upon the parents income (not step-parents). It is based upon what the parents are CAPABLE of earning, so if he chooses to quit his job, child support would still be based upon what his potential earnings would be. (My friend just had a modification and her ex had quit his job. MO CSE based it upon what he is capable of earning per past employment, and it increased.) Child support should not be based upon what any step-parents earn. Just because they married a person with a child, doesn't mean they have to spend all their money on that child. If that's the case, step-parents should have legal rights to the child, etc. Now, how many parents want that to happen?
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