changing CS due to lower income w/voluntary relocation

[dmh]

What is the name of your state? Oregon

My Husband has two children from a previous marriage. At the time of the divorce his income was calculated w/bonus, at around 140k. He never did make that much again. His childsupport was based on this income. We have since moved out of the state of CA and his daughter resides with us. The custody/support papers are from CA, where the ex wife still resides. My husband is now in a position where his income is about 57k. Because he voluntarily moved and quit his job there, can he still be held accountable for the amount of support originally ordered in the documents??? There actually was no lawyers involved, they sat down and did the papers up themselves with a bit of help from a legal assistant. The papers of course still state he is to pay 1700-00 per month child support on two children undefinedand 500-00 for alimony. It was agreed with his ex wife that while his daughter resided with us he would only pay 850-00 per month child support for his son, who still resides with the ex. (I told him this should be changed legally because technically if she gets a wild burr, she could go to court and charge him w/contempt) Anyway I guess my question is, since he left his old job on his own for a lower paying job, is he still liable for the previous amount??? The reason he left his job is to relocate, he is definately not trying to avoid taking care of his children, just in reality, with that amount of support she has twice the amount he has in income.

Another question, the ex wifes adult daughter and her husband are living with her, my understanding is they pay no expenses. Does this qualify as co-habitating as far as alimony goes?

 

[Zephyr]

if it were me I would take it all back into court, have the cs determined by the cs agency, have the judge decide if she still gets alimony when she can afford to support two deadbeats.....that's only me though and I have a tendency to be cranky at times

 

[dmh]

well thats also what I was thinking, but I wanted a perspective from the outside looking in, thank you for your replyaundefined

 

[LdiJ]

well thats also what I was thinking, but I wanted a perspective from the outside looking in, thank you for your replyaundefined

Sorry...but the adult child and her husband living there doesn't qualify as co-habitating, nor would it be taken into consideration in a child support calculation. They are family.

If his only reason for taking a lower paying job was a desire to relocate...it IS possible that he would be imputed at a higher income than what he is currently making. I am not sure that a judge would impute him clear up to 140,000...but a judge isn't going to be particularly impressed that he voluntarily left a job for one paying less than half of his previous pay, just because he wanted to move.

However he can certainly try. The fact that he now has custody of one of the two children would certainly make a big difference even if the judge imputed him at a higher income.....however you can expect mom to try and convince the child to want to return back to her home.

 

[dmh]

well, first of all we had joint physical/legal custody prior to us moving back to my home state. The daughter has been residing with us for the past year and a half. I do not doubt that her mother wants her to move back, I would want her to move back also if I was her mother. But her mother and father(my husband) have basically left it up to her as she is almost 14yoa.

To make things clear. My husband did not move to take a job at half of what he was making. We moved back to my home state. You can call it what you want but he has been paying CS for an amount that he made 1 year, not several but 1 year, because he received a substantial bonus that year. He actually did not break 100k for the 4 years after that. He did not take a lesser paying job to avoid CS if thats what you think. We have continued to pay the CS and Alimony for the past 2 years. For the past 1 1/2 years he has not been paying 850-00 of the CS as the daughter lives with us.

Well I didn't think her 25yo daughter and son in law would come into play too much, but you have to understand its quite frustrating to be paying a crazy amount and paying partially or more then partially for their bills, if that makes sense.

I just don't want anyone to think we moved to avoid paying CS, because that is not it at all. The CS has never been calculated correctly if you ask me, and also the deal was not on paper but on the honor system that she would put some of it away for college...well that never happened. I am sure some look at it that I am the second wife looking for trouble.

 

[casa]

What is the name of your state? Oregon

My Husband has two children from a previous marriage. At the time of the divorce his income was calculated w/bonus, at around 140k. He never did make that much again. His childsupport was based on this income. We have since moved out of the state of CA and his daughter resides with us. The custody/support papers are from CA, where the ex wife still resides. My husband is now in a position where his income is about 57k. Because he voluntarily moved and quit his job there, can he still be held accountable for the amount of support originally ordered in the documents??? There actually was no lawyers involved, they sat down and did the papers up themselves with a bit of help from a legal assistant. The papers of course still state he is to pay 1700-00 per month child support on two children undefinedand 500-00 for alimony. It was agreed with his ex wife that while his daughter resided with us he would only pay 850-00 per month child support for his son, who still resides with the ex. (I told him this should be changed legally because technically if she gets a wild burr, she could go to court and charge him w/contempt) Anyway I guess my question is, since he left his old job on his own for a lower paying job, is he still liable for the previous amount??? The reason he left his job is to relocate, he is definately not trying to avoid taking care of his children, just in reality, with that amount of support she has twice the amount he has in income.

Another question, the ex wifes adult daughter and her husband are living with her, my understanding is they pay no expenses. Does this qualify as co-habitating as far as alimony goes?

I would definately tell Dad to modify in court. First of all, many people get child support reduced when their income decreases- even if the judge does assign an income higher than the 57,000- he certainly won't assign support according to the income he received for only one year which is 100,00 higher. Secondly, he has one child living with him- so it's ridiculous to have an order stating he is to pay for both children...whether they are following it or not, it's best to have orders reflect current custody and income.