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Re-Calculating Support

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kidkps

Junior Member
What is the name of your state (only U.S. law)? CA

I have recently had a job change that pays me $2000.00 less a month. Since my child and spousal support was based upon my old salary, can I ask for a re-calculation of the amount of support I pay each month. Also, what impact would me having a room-mate (who sometimes helps with the mortgage) factor into the amount of support I have to pay each month?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? CA

I have recently had a job change that pays me $2000.00 less a month. Since my child and spousal support was based upon my old salary, can I ask for a re-calculation of the amount of support I pay each month. Also, what impact would me having a room-mate (who sometimes helps with the mortgage) factor into the amount of support I have to pay each month?
Please describe how this job change occurred: was it voluntary? Involuntary?
 

kidkps

Junior Member
The change was voluntary, but it would have been involuntary if I did not "volunteer" I would have been moved.
 

mistoffolees

Senior Member
The change was voluntary, but it would have been involuntary if I did not "volunteer" I would have been moved.
Then it's likely to be considered voluntary. You had the choice of keeping the old job.

It will depend on the judge, but you will probably not get a reduction.

On the positive side, having a roommate to help pay the mortgage won't count against you.
 

Bali Hai

Senior Member
Then it's likely to be considered voluntary. You had the choice of keeping the old job.

It will depend on the judge, but you will probably not get a reduction.

On the positive side, having a roommate to help pay the mortgage won't count against you.
I don't believe that's accurate, he was asked to make the change by the employer and if he didn't volunteer, he would have been forced to make the change.
 

Silverplum

Senior Member
I don't believe that's accurate, he was asked to make the change by the employer and if he didn't volunteer, he would have been forced to make the change.
Then perhaps his employer will testify to that, as you suggested.

Then, I give him a 50/50 shot. Without? Zero.
 

nextwife

Senior Member
I don't believe that's accurate, he was asked to make the change by the employer and if he didn't volunteer, he would have been forced to make the change.
I agree. Relocating, especially if one owns an upside down house, or WOULD BE LEAVING THEIR CHILD, or losing the spouses income, is not really an option for some people. I could never relocate and have the same quality of life on the same income if I had to give up my home, schools and neighborhood. If the job required relocation or lose it, the job change was not really voluntary.

Try to sell a house in this market after CHOOSING to relocate? That alone could COST a person several tens of thousands in losses.
 
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mistoffolees

Senior Member
I don't believe that's accurate, he was asked to make the change by the employer and if he didn't volunteer, he would have been forced to make the change.
That's not what he said. He was given the choice between relocation (apparently at the same pay) or staying where he is at a lower pay. I suspect that a lot of judges would consider that a voluntary reduction in pay - he had the option of keeping his same pay.

I agree. Relocating, especially if one owns an upside down house, or WOULD BE LEAVING THEIR CHILD, or losing the spouses income, is not really an option for some people. I could never relocate and have the same quality of life on the same income if I had to give up my home, schools and neighborhood. If the job required relocation or lose it, the job change was not really voluntary.
I wouldn't relocate, either, but it is certainly a viable choice. Since he had the ability to keep the same pay (albeit at some inconvenience and maybe even reduction in time with his child), it might be considered voluntary. And since we don't know how much time he currently spends with the child, we don't even know that his visitation would be reduced significantly. Furthermore, we don't know that the child is the reason he didn't move. It looks to me like the new roommate (who only helps with the rent some of the time) may be at least a major part of the reason for not moving.
 

Bali Hai

Senior Member
That's not what he said. He was given the choice between relocation (apparently at the same pay) or staying where he is at a lower pay. I suspect that a lot of judges would consider that a voluntary reduction in pay - he had the option of keeping his same pay.



I wouldn't relocate, either, but it is certainly a viable choice. Since he had the ability to keep the same pay (albeit at some inconvenience and maybe even reduction in time with his child), it might be considered voluntary. And since we don't know how much time he currently spends with the child, we don't even know that his visitation would be reduced significantly. Furthermore, we don't know that the child is the reason he didn't move. It looks to me like the new roommate (who only helps with the rent some of the time) may be at least a major part of the reason for not moving.
So moving to NY from CA to keep the same rate of pay to comply with the court order would be reasonable?

How do we know OP wasn't reassigned to Borneo? Would that be reasonable also?

This is just common sense, but of course the court will lean toward keeping the man paying the woman as much as possible. That we know for sure.
 

nextwife

Senior Member
That's not what he said. He was given the choice between relocation (apparently at the same pay) or staying where he is at a lower pay. I suspect that a lot of judges would consider that a voluntary reduction in pay - he had the option of keeping his same pay.



I wouldn't relocate, either, but it is certainly a viable choice. Since he had the ability to keep the same pay (albeit at some inconvenience and maybe even reduction in time with his child), it might be considered voluntary. And since we don't know how much time he currently spends with the child, we don't even know that his visitation would be reduced significantly. Furthermore, we don't know that the child is the reason he didn't move. It looks to me like the new roommate (who only helps with the rent some of the time) may be at least a major part of the reason for not moving.
We don't know. Roommate or no roommate, I sure would not even consider moving out of our current school district, much less our town.

If I move to NY or even Chicago for the same rate of pay I have now, I am actually taking a significant reduction, as housing and certain other costs are much higher than here.

Another really big factor is having a mortgage currently. A relocation could actually COST many tens of thousands (even 100k or more, depending) to dump the current home, if upside down, and result in a huge financial LOSS.

Another factor is, and I don't know if this applies, but if one is a religious or ethnic minority, certain places are out of consideration, because there is no community, no markets with the correct food, no mosque, or synagogue, no kosher or ethnic food sources, etc. Some people would just be isolated from their religious community in some towns that have no access.
 
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mistoffolees

Senior Member
We don't know. If I move to NY or even Chicago for the same rate of pay I have now, I am actually taking a significant reduction, as housing and certain other costs are much hiogher than here.

Another really big factor is having a mortgage currently. A relocation could actually COST many tens of thousands to dump the current home, if upside down, and result in a huge financial LOSS.
Those are a lot of 'what ifs'.

In general, a court is not like to consider your mortgage, your cost of living, or the fact that you have a pet iguana who won't like living in Alaska. It is entirely possible that they will says "you could have kept your same rate of pay if you had moved, so your reduction is voluntary".
 

ecmst12

Senior Member
I don't know why you're assuming that relocation was the other option. "I would have been moved" seems to me to refer to his POSITION not his location. So if he hadn't accepted the position he did, they would have chosen one for him at the same or lower pay rate, or perhaps they would have even laid him off.
 

Proserpina

Senior Member
I don't know why you're assuming that relocation was the other option. "I would have been moved" seems to me to refer to his POSITION not his location. So if he hadn't accepted the position he did, they would have chosen one for him at the same or lower pay rate, or perhaps they would have even laid him off.
That's how I read it, too.
 

ecmst12

Senior Member
I also think it's very unlikely that a court would NOT think it's acceptable to take a pay cut to avoid moving 1000 miles away from your kids so you never get to see them. It seems like that option makes the kids lose MORE than reducing child support a little bit, and if family court is supposed to put the kids' needs first, then that's how they should see it too.

For spousal support, of course it probably won't be considered; SS isn't even always able to modified at all.
 

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