Different state, different minimum wage.

[wavehopper27]

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

I live in MA child A. Mom lives in NC with child B. Mom moved to NC 6 years ago. All orders remain under MA jurisdiction. Minimum wage in NC is $7.25 per hour. Minimum wage in MA is $9 per hour.

My question is can I impute her the MA minimum wage in our current modification case? I could be way off but I think that since she voluntarily moved to a state with lower wages, it's the same as if she was voluntarily under employed. She COULD be earning $9 if she didn't voluntarily relocate.

Am I off base on this?

 

[LdiJ]

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

I live in MA child A. Mom lives in NC with child B. Mom moved to NC 6 years ago. All orders remain under MA jurisdiction. Minimum wage in NC is $7.25 per hour. Minimum wage in MA is $9 per hour.

My question is can I impute her the MA minimum wage in our current modification case? I could be way off but I think that since she voluntarily moved to a state with lower wages, it's the same as if she was voluntarily under employed. She COULD be earning $9 if she didn't voluntarily relocate.

Am I off base on this?

Unfortunately yes, I think that you are off base on that. However, I also think that the 1.75 an hour difference will not make enough difference in a child support calculation to make it worth the fight. That is only 280.00 a month difference in income, so it would be peanuts in a CS calculation. Even more so in a child support calculation where you each have one child living with you.

 

[wavehopper27]

Along this same line of thought. According to a few websites I’ve visited, the cost of living in NC is roughly 20% below that of MA. Would a judge be inclined to take that into account when determining CS?

 

[wavehopper27]

Unfortunately yes, I think that you are off base on that. However, I also think that the 1.75 an hour difference will not make enough difference in a child support calculation to make it worth the fight. That is only 280.00 a month difference in income, so it would be peanuts in a CS calculation. Even more so in a child support calculation where you each have one child living with you.

Child support calculations with her earning $7.25 put the new amount just under the 20% threshold needed to order a modification. The extra $1.25 will push it just over the 20% mark.

 

[Just Blue]

Child support calculations with her earning $7.25 put the new amount just under the 20% threshold needed to order a modification. The extra $1.25 will push it just over the 20% mark.

Px Hx****************************....

 

[stealth2]

Of course, YOU will not be imputing anything. A judge will. I'd run the numbers and see if it's really worth the mental exercise.

 

[LdiJ]

Child support calculations with her earning $7.25 put the new amount just under the 20% threshold needed to order a modification. The extra $1.25 will push it just over the 20% mark.

Seriously? How much actual money are we talking about here? Is it going to be enough to be worth all this hassle?

 

[I'mTheFather]

You agreed to the move in exchange for below guidelines child support. I doubt you'll benefit from that underemployed argument now.

 

[wavehopper27]

That below guidelines support amount was in exchange for me picking up the visitation travel tab.

 

[Just Blue]

That below guidelines support amount was in exchange for me picking up the visitation travel tab.

So...How much more money do you expect out of this?

 

[I'mTheFather]

That below guidelines support amount was in exchange for me picking up the visitation travel tab.

That's not what you said in previous threads.

 

[wavehopper27]

New wrinkle

I got a letter from the DOR today stating that I no longer owe current child support. I called them to ask about it and they said that I no longer owe current child support and that they will send a notice to my employer to end the garnishment. They also told me to call them each week until the garnishment stops so that they can return these extra payments to me.

There hasn't been an order terminating child support to my knowledge. Any idea what gives?

 

[LdiJ]

I got a letter from the DOR today stating that I no longer owe current child support. I called them to ask about it and they said that I no longer owe current child support and that they will send a notice to my employer to end the garnishment. They also told me to call them each week until the garnishment stops so that they can return these extra payments to me.

There hasn't been an order terminating child support to my knowledge. Any idea what gives?

Have all of your children graduated from high school?

 

[wavehopper27]

Have all of your children graduated from high school?

Yes. My youngest graduated back on June 13th.

 

[LdiJ]

Yes. My youngest graduated back on June 13th.

Then I think that they automatically terminated child support based on the fact that all of your children aged out. That may or may not be a mistake if any court actions are pending.