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Child Support Laws: How Is Child Support Affected If My Ex Got Fired?

Nov 16, 2011

Texas divorce lawyerQuestion:

Do child support calculators consider the reason for a person's unemployment when setting the final amount?

My soon-to-be-ex-wife just got herself fired for gross misconduct. Since she now has zero income it is likely my child support payments will be higher.

Will the child support calculation take into account that it was her actions that caused her to lose her job?


Posted by: mallen | Comment (0) |

Ask a Lawyer: What if wife voluntarily quits her job for lesser paying job?

Sep 06, 2001

Question:

I have been divorced over 5 years. I pay no child support. I have joint legal and joint physical custody of my son. We get along fine and trade days, weeks, eves, etc. with absolutely no problems. Recently, my ex has become very serious about changing jobs. Because of her career, there is about a 90% likelihood she will take about a 10-15k a year pay cut. I asked her how she will be able to afford that type of pay cut? She will only say that she doesn't need that much money to make it. I am concerned that she is going to go after a modification and now ask for child support. I have kept my end of the bargain, my son lives with me 1/2 the time and we split all expenses 50/50. We originally made about the same money. Now I have a disibility retirement pension plus I've started my own company. I may make about 10k more than she does presently, including my retirement. Do I have anything to worry about? Am I being too paranoid? When I had to suddenly take a disability retirement I never asked her for money when she made more than me. Any suggestions? Thanks in advance!!

Answer:

If she does file and takes a voluntary pay cut then the court most likely will not look on that as just cause to modify the support arrangement alone. Even with your increase, you should still be successful in fending off a request for child support unless there are other factors plead by her, and not known to you now.

Posted by: admin | Comment (0) |

Ask a Lawyer: Modifications of child support based on underemployment

Nov 29, 1999

Question:

My ex of a year and a half has filed for a modification of child support. When we were divorced, she was making $13 an hour, she has since then been fired from two jobs and quit another with the same or more pay. She has now taken a job for a considerable pay cut as she decided to go back to school full time and work part time. Now she tells me it is my responsibility to make sure that she can provide for the kids. Is this right? Also, in our decree my ex was given a car and I took the truck. About six months ago she decided to drop the car off at my house and go buy a new one. The car was in my name but was bought during our marriage and declared to her. She will not pay for the difference on the car for what I sold it at and what we owed, even though she was responsible for the car ($100 per month). Last but not least, we had a combined debt to the IRS. Written in our decree was that she was to make 33% ($60 per month) of the monthly payment, which she now says she can not afford.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arizona. Her modification is weak as she has voluntarily decreased her income. You can pursue the other issues in a Motion to Enforce for her to do the terms of the Decree.

Posted by: admin | Comment (0) |
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