Job Loss by Child Support Provider

What is the name of your state? Georgia
My soon-to-be ex-wife are in the agreement phase of a divorce. The suit has been filed. We had worked out an agreement whereby she would pay me $800.00 per month since I will have primary custody of our 14-year-old son.

Last week she was fired from her job.

Am I likely to have a court rule that she pay the $800.00 per month even though she is unemployed?

Can the court order her to pay the amount from other funds, such as her retirement account or other sources?

The $800.00 represented about 18% of her gross income.

[VeronicaGia]

As long as there is a court order, she will have to pay it. She can file to have it decreased, but you can ask the court to impute income to her based on what she was making when she was working.

Thank you for your response. There is not signed agreement nor any oourt order and my soon to be ex-wife is unemployed.

Please forgive my not fully understainding.

Is it likely the court to rule that she pay approximately 20% of her gross income BEFORE she lost her job? Will the court look at assets, such as 401K, IRA funds for her to use to pay?

Thanks.


--Joe

[stealth2]

It's impossible to say what a court would rule.

My ex has physical custody, his net worth is 540K and mine was 11k. The hearing examiner ordered me to pay 17% of my gross, which was about 450.00 every week, biweekly so I had to pay approximately 150.00 every two weeks. When I went on disability, my attorney and I filed a petition for support modification (I had a nervous breakdown). Right now I am getting about 170 every week without taxes coming out net is about 156.99. He still gets paid when my employer cuts a check. Yet he wants more. Sorry so detailed. In the long run, the judge will make the decision based on income and net worth. In my case it was not the case. She sided with my ex.

[stealth2]

Net worth actually has nothing to do with anything - it's all based on income/possible income.

Yes, but his income just from his job was 50k, mine was running when I was working a little more than 15k

[stealth2]

That's really beside the point - you are both responsible for helping support your children. My ex makes 5 times what yours does - that doesn't excuse me from helping support our kids.