I currently reside in CA, 3 children in NY that I pay support for. Ex has taken me back to court for more support but I currently don't work, I am set for trial. Can a judge make me work? CA economy is awful and I am not fluent in spanish which seems to be the primary language here. Can the judge base the support on when I last worked? which is what it was based off of now.

Well at least here in Minnesota they calculate support based on income and whether you are voluntarly unemployed or involuntarly unemployed. If you are voluntarly unemployed they may take the national average for the amount of hours that you are able to work with the average salary that you could be earning and calculate it that way. To be involuntarly unemployed you would have to suffer from some sort of disiblity that makes you unable to work, not speaking spanish does not count:) Like I said I am in Minnesota and the advice I have given you is from my experince only with my husbands CS case. Hope that helps a little.

thank you for the reply :) I do have a disability, been fighting with SSI for some time. that being said, I have a 19mos at home and living here it just isn't feesable enough for me to go get a job, daycare etc. We're trying to move out of CA, just the economy isn't allowing us to at this point. What really bothers me more is that my ex and I have joint custody, the kids are 15, 16, and 18 and don't wanna live in CA, they don't wanna live with their father either soooo they live with their grandparents, yet he can take me back to court for more support, can he do that and win? wouldn't the kids have to live in his primary residence as the custody order states?