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 Question:
When my ex-wife and I divorced we were awarded 50/50 custody and I was to provide $25/wk child support in good faith as we both made $70/k per year. In that time I have always provided whatever is necessary for my son when he is with me. During the last year my ex has quit her job making $70K and took on a part time job which she lost as well a couple months back. She is now taking me back to court to modify the child support because she has chosen not to go back to work full time. She has a part time job at Jimmy John's. Based on her decision to not work full time is it my responsibility to now be forced to pay more child support even though I have my son 50% of the time? My son is going to be 13 in May and is in the 7th grade. I know for a fact it is due to her alcoholism and I am frustrated at the fact that I don't mind paying for whatever my son needs when he is with me however it was my ex's choice to change her life. While we were married she worked 80+ hours a week, but maybe that was because she was having an affair with her boss. I just want to know if it is now up to me to supplement her financially.
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Posted by Dads Divorce in VA , Modification , Maintenance , job , income , employment , contempt , Child Support , Child Support , Ask A Lawyer , arrearages
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Question: I have a current order that says that I am to pay my former spouse $350 a month for child support. This is to the penny based on what the guidelines show that I should pay in Virginia. This does take into account what I pay for my son's health insurance also. My higher paying job was done away with in March 2005 and I started a new job the very next week I was released from my management position. I was released because sales were slow for the business and the owner saw it necessary to let me go (high salary) and for him to manange our stores himself. I am on a set "training pay" for 6 months then I will be on commission only. My set pay shows that I should pay quite a bit less and then, taking into account what I pay for my son's health insurance, now makes it even a little less. What I need to know is since we will not be in court until the end of this year and I cannot afford to pay the $350 a month since I do not have the "present ability to comply" due to my lower paying job for now, can I faithfully pay her what would be required by the guidelines and keep myself from getting in trouble for not obeying the current order that says I should pay $350 a month? Thanks for your items I purchased form the Dads Store. It has helped me quite a bit. Answer: I suggest that you make all arrangements to make the payment of $350.00 per month. It could jeopardize your case if you are in contempt of court when you try to modify the child support amount. However, if you absolutely do not have the money pay as much as possible. Do not under any circumstances not pay any amount of support.
Question: My ex-wife has been voluntary unemployed for three years. The kids are in school full-time. She went to court to collect more child support because of the fact she isn't working. The judge ordered her to get a job within 60 days. Since then, she hasn't really look for one and got an extension of 30 days. I have two questions: 1) How many extensions can she get? Can the court keep dragging this on for another decade when my youngest turns 18? 2) Does she have a legal responsability to help support herself and the kids (all her income comes from me through child support)? Answer: I cannot answer your question specifically to the laws of CA. as I am not licensed in that State. In my jurisdiction the court can impute your ex-wife income based upon her age, education, prior work history and skills. Consider retaining a vocational expert for the case. They are relatively inexpensive and can provide great testimony. In my area cases typically take nine to twelve months to complete. The Court controls their docket, but our Supreme Court keeps an accounting of how long cases are taking in each division.
Question: My friend has just filed for divorce in Johnson County, Texas. He has not seen his 18 month old daughter for about 1.5 months. Now his soon-to-be exwife plainly told him she would not allow him to have visitation with his daughter because she was tired of his "coming and going" and she had other 'family' reasons. The have been seperated since January and not once has he gone back to her. He is filing a temp custody order, but wants full custody. This will be her 2nd divorce and she has another child from the first marriage. She is only 24, lives with her parents and works making minimum wage. I would consider her to be irresponsible because I am also 24, no children, never married, making more than twice minimum wage and I have my own home. How difficult would it be for him to fight for custody and win???? 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 Texas. It is difficult to say how difficult an attempt at full custody would be. In the jurisdiction I practice in the determination of custody is based upon each parent's ability to parent, each parent's willingness to coparent with the other, the court can take into consideration each parent's mental state or parental defects. The parental history (i.e. who bathed, fed, dressed the child; took the child to doctor's appointments, etc.) also plays a significant role in determining custody. I do not think that the facts that she is 24 and with 2 children and lives at home with her parents will be a determining factor. In general the courts start with a joint custody perspective unless one parent can be shown to be clearly an inappropriate parent. Without evidence of the same, it will be difficult to gain full custody.
Question: My ex-wife pays me child support for our 5 year old daughter that I have primary custody of. We have both since remarried, she is now pregnant, she told me she plans on staying home with the baby, but has an order to pay $550/mo until our daughter is 18. How will she be able to stay home? What should I do when she stops paying child support? She was considered in contempt about 6 months ago. She is already $8000 behind, but has been consistent since January 2006, although she has missed 1 payment in 5 months. What can I do when she does have the baby, stay home, and stop providing? I understand I can't do anything until she misses a payment, but when in fact she does miss it, what can I do? 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 Florida. In my jurisdiction, she can not voluntarily terminate income and expect the Court to stop her child support. The Court will "impute" income to her, meaning that they will factor in the amount that she can earn, even if she does not work.
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