Child support and unemployment

[richard1972]

What is the name of your state (only U.S. law)? Washington

[I am posting this because my family desperately needs answers. My spouse had posted something similar for me earlier, but was ridiculed for posting for me, even though I am a war veteran (lost an arm and appreciated her help). I hope I can receive and give the same amount of respect to the users of this website...]



I have split custody of my two children with my Ex. One child lives with me, and the other lives with the other parent. I pay my Ex a sum of money every month, since I make a little more each month. My Ex was recently fired from the job and is now threatening me that more child support is needed, or taking me to court and getting more money will be the other option.

The child support has been worked out between us and NOT the courts. But I can assure you that I am paying MORE than what the courts would have had me pay. I paid what I thought was fair.... Now since my Ex lost the job, my Ex is threatening to go to court for an increase in child support if I do not pay more in child support now.

Does my Ex have a leg to stand on? Would the courts make me pay more than what I was paying when my Ex still had a job?



The child support is worked out in this way:

18% of Ex monthly salary: $375
18% of my monthly salary: $550

The difference = $150 ... I have been paying $225, even though by law I only need to pay $150; I felt the $225 was fair. But now since he is (fired) unemployed, will this new large difference between our incomes be my responsibility?

 

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Washington

[I am posting this because my family desperately needs answers. My spouse had posted something similar for me earlier, but was ridiculed for posting for me, even though I am a war veteran. I hope I can receive and give the same amount of respect to the users of this website...]



I have split custody of my two children with my Ex. One child lives with me, and the other lives with the other parent. I pay my Ex a sum of money every month, since I make a little more each month. My Ex was recently fired from the job and is now threatening me that more child support is needed, or taking me to court and getting more money will be the other option.

The child support has been worked out between us and NOT the courts. But I can assure you that I am paying MORE than what the courts would have had me pay. I paid what I thought was fair.... Now since my Ex lost the job, my Ex is threatening to go to court for an increase in child support if I do not pay more in child support now.

Does my Ex have a leg to stand on? Would the courts make me pay more than what I was paying when my Ex still had a job?



The child support is worked out in this way:

18% of Ex monthly salary: $375
18% of my monthly salary: $550

The difference = $150 ... I have been paying $225, even though by law I only need to pay $150; I felt the $225 was fair. But now since he is (fired) unemployed, will this new large difference between our incomes be my responsibility?

First of all, thank you for your service.

If the X is drawing unemployment, they MAY, if she files, adjust support temporarily. If the X is NOT drawing unemployment, they can consider the termination voluntary since the actions caused the firing.

Worse case, ask that the courts impute the income based on the last wages earned.

 

[richard1972]

Thank you for your kind words and advice. It is greatly appreciated

 

[stealth2]

What is the name of your state (only U.S. law)? Washington

[I am posting this because my family desperately needs answers. My spouse had posted something similar for me earlier, but was ridiculed for posting for me, even though I am a war veteran. I hope I can receive and give the same amount of respect to the users of this website...]

Just to get it straight... Your wife was not ridiculed - she was told that she was a legal stranger and that YOU need to ask about your situation.

Your service - which I am certain everyone here thanks you for - has absolutely nothing to do with the situation. Not at all.

I have split custody of my two children with my Ex. One child lives with me, and the other lives with the other parent. I pay my Ex a sum of money every month, since I make a little more each month. My Ex was recently fired from the job and is now threatening me that more child support is needed, or taking me to court and getting more money will be the other option.

The child support has been worked out between us and NOT the courts. But I can assure you that I am paying MORE than what the courts would have had me pay. I paid what I thought was fair.... Now since my Ex lost the job, my Ex is threatening to go to court for an increase in child support if I do not pay more in child support now.

Does my Ex have a leg to stand on? Would the courts make me pay more than what I was paying when my Ex still had a job?



The child support is worked out in this way:

18% of Ex monthly salary: $375
18% of my monthly salary: $550

The difference = $150 ... I have been paying $225, even though by law I only need to pay $150; I felt the $225 was fair. But now since he is (fired) unemployed, will this new large difference between our incomes be my responsibility?

I thought it was your ex-wife (i.e. SHE) who is unemployed?

 

[stealth2]

However, since you have no order for support (what about custody?) through the courts, the ex is well within his/her rights to file for a support order. The amount ordered may or may not be what you're currently paying. S/he may be imputed an appropriate income, but the unemployment will not have any bearing on what amount (if any) is ordered. Simply because you have nothing through the courts at this point.

 

[richard1972]

However, since you have no order for support (what about custody?) through the courts, the ex is well within his/her rights to file for a support order. The amount ordered may or may not be what you're currently paying. S/he may be imputed an appropriate income, but the unemployment will not have any bearing on what amount (if any) is ordered. Simply because you have nothing through the courts at this point.

I technically have primary physical custody of both children, and we both have joint legal custody. However, throughout the ordeal one child ended up living with my Ex, and the other child with me - we just never wanted to deal with the courts again. So we made a child support agreement, that, like I stated in my original post, was more than the courts would have given my Ex.

 

[mistoffolees]

However, since you have no order for support (what about custody?) through the courts, the ex is well within his/her rights to file for a support order. The amount ordered may or may not be what you're currently paying. S/he may be imputed an appropriate income, but the unemployment will not have any bearing on what amount (if any) is ordered. Simply because you have nothing through the courts at this point.

Actually, the unemployment might have an effect.

SInce there are no orders for support, the court will treat this as a new order. They will calculate the support for each parent separately. Ex's unemployed status can affect the CS she pays for the child who is with OP. Now, OP may be able to have income imputed for ex. If so, then you are correct that unemployment wouldn't change the numbers. But if OP is not able to get income imputed (or if a smaller amount is imputed), it could affect the outcome.

Of course, it may be necessary to live with that until ex has a job again - and then ask to have it recalculated.


OR, the two of them can simply reach an agreement on the correct amount (either temporarily until ex is back to work - or permanently) and then stipulate it to the court.

 

[OHRoadwarrior]

I am not an expert Richard, but usually in a split kid situation, the court will figure based on current income, subtract the lower of one ex from the other ex and the difference is the order paid. If she goes now, she will probably get close to the minimum amount figured for her part, unless she has a good likelyhood of being recalled by her former employer.

 

[stealth2]

I technically have primary physical custody of both children, and we both have joint legal custody. However, throughout the ordeal one child ended up living with my Ex, and the other child with me - we just never wanted to deal with the courts again. So we made a child support agreement, that, like I stated in my original post, was more than the courts would have given my Ex.

Then Mom would have every right to file for a modification of the custody order due to status quo, as well as file for a support order. Since it would be a new order, her employment status may be to her benefit. It's usually not wise to do things outside of the courts - the best thing you two could have done was filed a stipulated agreement. You left the door open for this mess.

 

[mistoffolees]

Then Mom would have every right to file for a modification of the custody order due to status quo, as well as file for a support order. Since it would be a new order, her employment status may be to her benefit. It's usually not wise to do things outside of the courts - the best thing you two could have done was filed a stipulated agreement. You left the door open for this mess.

Yep.

Maybe we need another sticky. 100 divorce mistakes to avoid. We could include things like:
- Do not do things outside of court
- Do not take legal advice from your ex or ex's attorney
- Then about 50 rules for overstepping stepparents/gf/bf/etc.