Potential or Capable Income

[Done_After_12]

What is the name of your state? FL

My wife and I have been separated for about 6 months. We were married for 19 years and have had problems for the last 13 or so. The last 6 years we have worked hard on the relationship with little progress. We are beginning with a mediator as soon as I can get the appointment.

I'm currently in the military (retirement eligible). I am due to promote on 01JUL05, but that has a 2-year obligation to it. I only have 1-year left in this area so I would have to move for the 2nd year. With things as they are, I would not like to uproot the girls for that year. My oldest daughter would likely want to come with me and create some significant turmoil between my (separated) wife and me.

I am considering turning down the promotion and getting out. Further, I plan on taking a job with reduced income to be sure I am free to care for the girls and get them to tutoring and counseling appointments in the afternoon. However, I'm very concerned that if we cannot agree in the mediator's office, that the court would base alimony and child support on current military pay or worse the pay I turned down as potential or capable income vice what I'm making at the time.

Is this a valid concern? Does child care factor into the decision?
I need to make my decision in the next few weeks.

Thanks.

[LdiJ]

Originally Posted by Done_After_12

What is the name of your state? FL

My wife and I have been separated for about 6 months. We were married for 19 years and have had problems for the last 13 or so. The last 6 years we have worked hard on the relationship with little progress. We are beginning with a mediator as soon as I can get the appointment.

I'm currently in the military (retirement eligible). I am due to promote on 01JUL05, but that has a 2-year obligation to it. I only have 1-year left in this area so I would have to move for the 2nd year. With things as they are, I would not like to uproot the girls for that year. My oldest daughter would likely want to come with me and create some significant turmoil between my (separated) wife and me.

I am considering turning down the promotion and getting out. Further, I plan on taking a job with reduced income to be sure I am free to care for the girls and get them to tutoring and counseling appointments in the afternoon. However, I'm very concerned that if we cannot agree in the mediator's office, that the court would base alimony and child support on current military pay or worse the pay I turned down as potential or capable income vice what I'm making at the time.

Is this a valid concern? Does child care factor into the decision?
I need to make my decision in the next few weeks.

Thanks.

How old are your children?

[BethM]

Who do the girls live with now?

Does their mother work or is she a stay at home mother who will also be there and available to take them to tutoring and counseling?

Have you always been the bread winner with most of the responsibilities for your girls falling on the mother to take care of?

In most circumstances child support will be based on income from the past 2 or 3 years tax returns. So, more than likely, no matter what kind of job you take you are going to pay alimony and child support based on your present salary.

In other words, you can't pay less just by getting out of the service and getting a lower paying job. Not to begin with anyway.