going through divorce, my wife has many rentals(like 11) and will be her main source of income for child support(the house is her because is in prenup and acquired before marriage), i have my full time job, what happen if she decides to sell all the house this year so she doesn’t have her monthly “income”, what will it affect to child support calculation next year because she’s not receiving income each month, do i end up paying her back if currently i’m receiving it?
For the purpose of this question, an assumption is being made that the rental property income is the only source of income. If the rental properties are sold, the court has a couple of different options that they may use to calculate income going forward. They could attribute her the income that she previously earned, or they could attribute her income based on her age, skills, training, ability, and educational background. In any event, unless she is documented and verified as disabled and unable to work in any capacity, the court will use some form of attributable income in the event she does not have actual income. Child support calculations are only done upon motion to the court so it is unlikely that a future change in income would change the child support, unless one of you filed something with the court to get it changed. If current circumstances result in her paying you child support, and that changes at some point in the future to you paying her child support, you could potentially have an over-payment, due to the delay between filing the modification and obtaining the final order. In that case she may have a claim to the amounts overpaid however she would not be able to seek repayment of those amounts until the youngest child on the order emancipates.