Is a downward modification likely?

[DawnPlusTwo]

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

Oklahoma

Hello all. Quick questions.

Son's dad and I have been pretty cordial with one another lately. He informed me at our last exchange that "I hate to tell you this but we'll probably be back to court by Christmas." I asked why.... He said because his unemployment is going to run out in early November and he won't be able to afford child support at all.

Currently he pays $242/mo plus $50 toward arrears of $2250. The amount was based on his unemployment income of $1230 per month. They (he and his lawyer) made a huge deal about that number being more than minimum wage. Well, in July, oklahoma minimum wage inceased to $7.25 an hour. Now, that unemployment income is NOT more than minimum wage. Full time minimum wage would now be $1256. Is it likely that Dad would be ordered to pay $0 support? (that's what he firmly believes).

He has told me many many times that he turned down work here or there because it doesn't pay more than unemployment. I know he can't be forced to work, but it seems unfair that he wouldn't have to have ANY financial responsibility. I know, I should kick the person who told me life should be fair. ;-)

Opinions on what to expect in that situation?

 

[Proserpina]

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

Oklahoma

Hello all. Quick questions.

Son's dad and I have been pretty cordial with one another lately. He informed me at our last exchange that "I hate to tell you this but we'll probably be back to court by Christmas." I asked why.... He said because his unemployment is going to run out in early November and he won't be able to afford child support at all.

Currently he pays $242/mo plus $50 toward arrears of $2250. The amount was based on his unemployment income of $1230 per month. They (he and his lawyer) made a huge deal about that number being more than minimum wage. Well, in July, oklahoma minimum wage inceased to $7.25 an hour. Now, that unemployment income is NOT more than minimum wage. Full time minimum wage would now be $1256. Is it likely that Dad would be ordered to pay $0 support? (that's what he firmly believes).

He has told me many many times that he turned down work here or there because it doesn't pay more than unemployment. I know he can't be forced to work, but it seems unfair that he wouldn't have to have ANY financial responsibility. I know, I should kick the person who told me life should be fair. ;-)

Opinions on what to expect in that situation?

If he can show due diligence in seeking work it might happen - but I do think it's far more likely that he will be imputed the minimum wage.

 

[VeronicaLodge]

how does he even qualify for unemployment while turning work down?

 

[DawnPlusTwo]

how does he even qualify for unemployment while turning work down?

Good question. I admit to being dumb when it comes to unemployment related matters. I've never used it, so I'm not positive on how it works.

Dad told me a while back that all he has to do is call his company weekly to see if there is any work available. And then unemployment verifies that. How true that is, I'm not sure.

His excuse for not looking for employment elsewhere is that nothing around here pays better than his unemployment... That theory goes out the window now that minimum wage was raised and is more than his unemployment.

He told me in July that he was offered a position at a correctional facility but declined because it didn't pay at least $5000 a month.

He's told me since about 2 weeks after son was born that he would find a way to get out of paying me ANYthing. I reckon that's his motive now.