ex quit job, making less money

[MichaCA]

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

I have child support court for a 'review' April 4th.

Father has quit his job, voluntarily. He claims he could not keep up the work load physically. He was a caretaker of a property, and is changing to a much lower paying job doing landscaping.

We were just in child support court a month ago (first time in about 8 years...I now have full custody)...but the judge did not address the announcement of his job change at that time. I want to bring it to the courts attention as I have the idea that if ex is ordered to pay a certain amount of support - if he voluntarily leaves the job for a lower paying job - the child support will not be reduced. Am I correct?

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

[antrc170]

Generally speaking the child support will be based on what the parent is making, or should be making. The fact that the parent voluntarily left the job demonstrates that he could be making the same income.

I say generally because I have seen many courts uphold this rule, but there are a few that will adjust it down too.

[davidmcbeth3]

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

I have child support court for a 'review' April 4th.

Father has quit his job, voluntarily. He claims he could not keep up the work load physically. He was a caretaker of a property, and is changing to a much lower paying job doing landscaping.

We were just in child support court a month ago (first time in about 8 years...I now have full custody)...but the judge did not address the announcement of his job change at that time. I want to bring it to the courts attention as I have the idea that if ex is ordered to pay a certain amount of support - if he voluntarily leaves the job for a lower paying job - the child support will not be reduced. Am I correct?

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

It goes on earning potential .. but you have put no numbers on the pay & pay difference so nobody can answer with any detail. "much lower paying" means nothing really.

[nextwife]

Are you working a killer job so you can provide your child with the maximum dollars possible in support?

[Zigner]

If the ex can show medical evidence that he is not able to perform the tasks at the prior job, then this would likely not be a "voluntary" reduction of income.

[Proserpina]

If the ex can show medical evidence that he is not able to perform the tasks at the prior job, then this would likely not be a "voluntary" reduction of income.

That's what I'm thinking, yeap.

[MichaCA]

Thanks for the feedback. No, there is no medical evidence. He was just complaining about his body hurting.

He went from a $30,000 job, which included a 3 bedroom house, very nice environment, horseback riding lessons for daughter, and a vehicle too, to...

quitting in the middle of an expensive family crisis (lots of court ordered therapy, supervised visits) to go to a $15,000 job with zero benefits.

In the end, his choices are his business...I was mainly curious if it would lower his child support - from a legal standpoint. It sounds like it could go either way.

Thanks.

[mistoffolees]

Thanks for the feedback. No, there is no medical evidence. He was just complaining about his body hurting.

He went from a $30,000 job, which included a 3 bedroom house, very nice environment, horseback riding lessons for daughter, and a vehicle too, to...

quitting in the middle of an expensive family crisis (lots of court ordered therapy, supervised visits) to go to a $15,000 job with zero benefits.

In the end, his choices are his business...I was mainly curious if it would lower his child support - from a legal standpoint. It sounds like it could go either way.

Thanks.

Ultimately, it may depend on that very question - whether the change in jobs was voluntary or not.

How do you know he doesn't have any evidence? Isn't it possible that he saw a doctor and didn't tell you?

[MichaCA]

I know because my attorney asked him several questions while we were waiting for the law clerk to run our numbers...

It was hard to pin him down, but ultimately its clear he voluntarily left his job.

He said clearly that he is not seeing a doctor for anything. When he kept complaining my attorney asked him if he was going to apply for disability and he just gave her a dirty look.

I honestly think he may have been having a breakdown...he acted super weird and spaced out in a few meetings. Thats pure speculation on my part...I think he got overwhelmed with our custody situation. Its a great job he left in terms of the benefits...he's a farm worker so he won't find better.

I am going to the next hearing alone...I can't spend another $600 for this.

I am not sure if I can/should contact the employer and request info on was he dismissed, or just let the judge ask.

[LdiJ]

I know because my attorney asked him several questions while we were waiting for the law clerk to run our numbers...

It was hard to pin him down, but ultimately its clear he voluntarily left his job.

He said clearly that he is not seeing a doctor for anything. When he kept complaining my attorney asked him if he was going to apply for disability and he just gave her a dirty look.

I honestly think he may have been having a breakdown...he acted super weird and spaced out in a few meetings. Thats pure speculation on my part...I think he got overwhelmed with our custody situation. Its a great job he left in terms of the benefits...he's a farm worker so he won't find better.

I am going to the next hearing alone...I can't spend another $600 for this.

I am not sure if I can/should contact the employer and request info on was he dismissed, or just let the judge ask.

I remember the details of your situation. Maybe it isn't so voluntary. Maybe the issues involved with your custody situation bled into his job. I would find it hard to imagine that his employers didn't notice the dysfunctional issues regarding your child. Maybe they became uncomfortable with him in that position...maybe they noticed a potential breakdown as well. Maybe they gave him the option of leaving with a good reference, vs being fired.

[MichaCA]

LdiJ,

That was my first instinct...and one I would have understood - the employers politely telling him to go. However, he was candid speaking with my attorney (in front of me) and he kept alluding to the stress was to much to perform the functions of the job. He claims the employer was supportive...when my attorney kept asking if he could have stayed if he had wanted to, he said yes.

Maybe he is lying to save his ego (again, my first thought). However, he refuted that.

He is super eager to not give child support. Its HUGE for him. I would think it would be in HIS best interests to say he got dismissed if he did...for the sake of child support payments, and he could collect unemployment if he needed it.

[MichaCA]

LdiJ,

I just re-read your post again...the last sentence that maybe they gave him the option with a good reference (I've been a bit spacy myself lately too). Now that I understand what your saying, I think your right. It saves his pride, and gives him a chance elsewhere.

He did claim his employer was super empathetic towards him and left it up to him as to whether he will leave the job or not. But also, they come visit (this is their vacation home away from San Francisco) with their daughter who was close to our daughter. It must have been blatently obvious when our daughter just disappeared. And they did see the dysfunction in the relationship with daughter and dad. They were super nice people...I could see them handling it as nicely and amicably as they could.

Advice....Do you think I should still address this in court - as a concern or question, and let the judge ask him if it was voluntary or not? (he hasn't denied it in coparent counseling...he may not deny it).

Sorry so wordy. Thanks for remembering my situation, and hitting the nail on the head, as usual.

[CourtClerk]

Micha FYI: My ex quit his job right after his support order doubled. The support amount then reduced by something like 65%. Could be that I didn't put up much of a fuss regarding the modification request because I just didn't care anymore, but just be prepared. You shouldn't be depending on support to keep your household going because stuff like this happens.

[mistoffolees]

Micha FYI: My ex quit his job right after his support order doubled. The support amount then reduced by something like 65%. Could be that I didn't put up much of a fuss regarding the modification request because I just didn't care anymore, but just be prepared. You shouldn't be depending on support to keep your household going because stuff like this happens.

I have to comment on this because several seniors have made similar comments.

I agree 100% that CP needs to arrange their affairs so that they can get by if they never receive a penny in support. That is absolutely valid advice.

However, in a couple of cases, the advice has tread dangerously close to "don't bother fighting for what you are entitled to because you should be able to make it on your own" (not so much your post, but several others). I disagree with that view. After all, as long as CP has been fair and reasonable and there's a court order, CP ought to fight for it to be enforced to the fullest extent of the law. The money is for the kid(s). Even in the case of alimony, the money ultimately benefits the kids and the recipient is entitled to it.

Granted, there are times when it's a lost cause and CP may decide not to pursue it because the cost (both financial and emotional) exceeds the benefits (and I believe that's your case), but I wouldn't want people to confuse that with "just don't worry about it because you should be able to support your family without CS".

I really don't think that anyone here is suggesting the latter, but sometimes the posts come out sounding a bit that way. I would suggest that CP find a way to support himself/herself without CS, pursue CS to the fullest extent of the law, and even if there's no chance of recovering, turn it over to CSE before simply dropping it.

[stealth2]

Good post, misty. (I love calling you that! )