Court Order Follows to New State?

[NotHappy]

My Ex is moving from IL to NV....does the court order for child support withholding automatically follow? How long will it take to go into effect? Because he is voluntarily leaving and taking a dramatic cut in pay, can he take me back to court out there to have c.s. lowered?

 

[rose3kids]

Well I can only speak from my own experience.
When my ex moved to another state I had to start all over. I first tried to give the new employer the order for withholding, but
they told me it was no good. The reason it was now good was because it was a different state. And yes if he is making less he can
ask for a reduction of his payments so you might get less money.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NotHappy:
My Ex is moving from IL to NV....does the court order for child support withholding automatically follow? How long will it take to go into effect? Because he is voluntarily leaving and taking a dramatic cut in pay, can he take me back to court out there to have c.s. lowered?<HR></BLOCKQUOTE>

My response:

You've got very little, if anything at all, to be concerned about. Want to know why? Of course you do. What a dumb question, huh?

1. Yes, the Order follows him wherever he goes and, if he wants child support lowered, he better go to court before he leaves; which brings me to my next point . . .

2. I don't care, and you shouldn't either, if he leaves a $100,000.00 per year job, to work for Mcdonald Hamburgers. Why? (there's that word again) which brings me to my next point . . .

3. Because he's leaving his current job voluntarily, for a lower paying job, the court will "impute" a certain earning capacity to him, and base his child support obligation to you upon that higher amount. All because he's voluntarily leaving his higher paying job for a lower paying job, does not mean his children are not entitled to live in the manner to which they have become accustomed.

He better have a proper "legal" reason for taking a lower paying job, other than, "That's all I could get." Not good enough, pal o' mio. A good excuse would be, if he's a long haul trucker, and he lost a leg, then that would impede his ability to work and make "the big bucks." Anything less than that, then the court WILL "impute" his higher salary earning ability to him.

So, for the sake of example, let's assume he currently makes $50,000.00 per year, and you get $1,000.00 per month in child support. Now, he moves, and takes that McDonald's job at $5.75 per hour. Guess what? He's still going to have to pay you $1,000.00 for child support per month!

Make sure his new boss gets orders from the court to take your child support out of his paycheck (see Support Services for info on that). As soon as the new employer gets the papers, the money, and the arreareges during the "down time" will start flowing like tap water again.

Good luck to you (and to him for the kid's sake).

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[usdeeper]

Regardless of the state he moves to, the court ordered amount remains the same until it is changed by another court... so if for whatever reason he does not pay, he will still be liable for that amount.

Since you and the child are not moving, your current state keeps jurisdiction. Therefore, to change the child support he will need to file any new action in your state. The court will look at what he was earning and his new salary. They will want to know why it has dropped down so much. If the court believes that he can earn more than he is being paid, then they may not reduce the amount at all.

Look at it this way... He earns 100k a year and pays you 1500 a month. He hates this so takes a job at Burger King which pays 12k a year. Would the judge lower the amount ?, maybe, but more than likely it would remain high and he will be liable for all back pay.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
Regardless of the state he moves to, the court ordered amount remains the same until it is changed by another court... so if for whatever reason he does not pay, he will still be liable for that amount.

Since you and the child are not moving, your current state keeps jurisdiction. Therefore, to change the child support he will need to file any new action in your state. The court will look at what he was earning and his new salary. They will want to know why it has dropped down so much. If the court believes that he can earn more than he is being paid, then they may not reduce the amount at all.

Look at it this way... He earns 100k a year and pays you 1500 a month. He hates this so takes a job at Burger King which pays 12k a year. Would the judge lower the amount ?, maybe, but more than likely it would remain high and he will be liable for all back pay.

<HR></BLOCKQUOTE>

My response:

Did we take the same law classes?

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
if he leaves a $100,000.00 per year job, to work for Mcdonald Hamburgers.<HR></BLOCKQUOTE>

My example was better ...

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
My example was better ... <HR></BLOCKQUOTE>


My response:

You see, I wasn't wrong about you. What's your law background? I get so jazzed by intelligent legal minds. It's almost better than . . . well, maybe not.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
What's your law background? <HR></BLOCKQUOTE>

Well, I have not broken any yet.. except for stretching the speeding limit a little

Oh you mean training.. oh how I wish.. My only knowledge comes from months of reading, a very worldly wise travelled mind, a extremely large amount of common sense and from reading Supreme Court decisions.

Actually, that had to be one of the best things I did. I read endless State Supreme Court decisions. They explain the whole case, what was decided at the lower courts and why.. then render their decision and again why. They were extremely educational.

I would love to have the time to study law more as I love helping people.. When I first came to this board, it was not with the intention of posting help.. but I saw how many posts where from people asking basic questions and how worried they were. Just wish I had the knowledge and time to help them all....

What makes this board so different is having such an expert as yourself to guide us all !

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
Well, I have not broken any yet.. except for stretching the speeding limit a little

Oh you mean training.. oh how I wish.. My only knowledge comes from months of reading, a very worldly wise travelled mind, a extremely large amount of common sense and from reading Supreme Court decisions.

Actually, that had to be one of the best things I did. I read endless State Supreme Court decisions. They explain the whole case, what was decided at the lower courts and why.. then render their decision and again why. They were extremely educational.

I would love to have the time to study law more as I love helping people.. When I first came to this board, it was not with the intention of posting help.. but I saw how many posts where from people asking basic questions and how worried they were. Just wish I had the knowledge and time to help them all....

What makes this board so different is having such an expert as yourself to guide us all !

<HR></BLOCKQUOTE>

My response:

You're far too kind. Sometimes, a little common sense mixed with just a "taste" of book learning, can really be an education.

I can't believe it. I've actually found someone else who enjoys snuggling up with a good Supreme Court decision. It's like enjoying Congressional hearings, or watching the stock quotes. Better than watching Will & Grace any day of the week. I need a life.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
Sometimes, a little common sense mixed with just a "taste" of book learning, can really be an education.

I can't believe it. I've actually found someone else who enjoys snuggling up with a good Supreme Court decision. It's like enjoying Congressional hearings, or watching the stock quotes. Better than watching Will & Grace any day of the week. I need a life.
<HR></BLOCKQUOTE>

*sigh* IAAL.. you may think you are beyond help, but no !.. there are people around who are experts in making others enjoy Will & Grace and can help you find that life you lost so long ago.

I think the two words that you used that set us apart were 'enjoy' and 'snuggling'. I do not think I have ever enjoyed reading a SCD and have never snuggled up to one..

I agree though.. common sense goes a long way today and it deffinately lacking in society.

Today is Friday.. enjoy people !!

 

[ldelagra]

Mind if I join this little discussion? I think you are both right and it depends on the judge which way it will go. For the original poster the bottom line is that you can't get blood out of a stone and the most actual cash you will receive each month will be a percentage of his actual income. How much depends on the state but I believe (check your State Statute) the max is 65% of after tax income. And, if his income is low,(as in the working at McDonald's example) this will leave him without enough income to support himself. (Do you really believe he'll work 40 hours a week while living in his car until the kids turn 18?) If that happens, he'll probably go underground in self defense. Sometimes common sense dictates that a bird in the hand is worth a ton of arrearages (to mix metaphors).

You didn't say how involved he is with the kids, or what kind of relationship you have with him at this point. If he is involved with the kids and you can talk to each others, I would recommend that you find something that he can reasonably pay so that the kids keep a father in their lives. A long court battle where he feels like he is fighting for his life will certainly interfer with that. Money isn't everything.

I speak from experience on both sides of this fence. I have made alot of concessions to my ex in order to keep him involved in my son's life (lowered child support when he couldn't pay, switched weekends when needed, etc). It wasn't always easy (this is the guy who is now living with my ex best friend) but it has paid off in that he is wonderful with my son, even coaches his swim team 3 x a week. Anytime my son needs something that I can't afford, he offers to chip in (something he would never do if he felt he had been taken to the cleaners). My new husband's ex, on the other hand, has done everything she can to prevent my husband from having a relationship with his son and is constantly dragging him into court for more money. End result is that he has no relationship with his son and won't willingly give her a cent. So, like I said, remember that money ISN'T everything.

 

[ldelagra]

Mind if I join this little discussion? I think you are both right and it depends on the judge which way it will go. For the original poster the bottom line is that you can't get blood out of a stone and the most actual cash you will receive each month will be a percentage of his actual income. How much depends on the state but I believe (check your State Statute) the max is 65% of after tax income. And, if his income is low,(as in the working at McDonald's example) this will leave him without enough income to support himself. (Do you really believe he'll work 40 hours a week while living in his car until the kids turn 18?) If that happens, he'll probably go underground in self defense. Sometimes common sense dictates that a bird in the hand is worth a ton of arrearages (to mix metaphors).

You didn't say how involved he is with the kids, or what kind of relationship you have with him at this point. If he is involved with the kids and you can talk to each others, I would recommend that you find something that he can reasonably pay so that the kids keep a father in their lives. A long court battle where he feels like he is fighting for his life will certainly interfer with that. Money isn't everything.

I speak from experience on both sides of this fence. I have made alot of concessions to my ex in order to keep him involved in my son's life (lowered child support when he couldn't pay, switched weekends when needed, etc). It wasn't always easy (this is the guy who is now living with my ex best friend) but it has paid off in that he is wonderful with my son, even coaches his swim team 3 x a week. Anytime my son needs something that I can't afford, he offers to chip in (something he would never do if he felt he had been taken to the cleaners). My new husband's ex, on the other hand, has done everything she can to prevent my husband from having a relationship with his son and is constantly dragging him into court for more money. End result is that he has no relationship with his son and won't willingly give her a cent. So, like I said, remember that money ISN'T everything.

 

[usdeeper]

ldelagra, Thanks for the post and also to share your experience.. however, I think you slightly misunderstood things.

Yes you can not get blood out of a stone, but the courts take a dim view when someone purposely, or voluntarily leaves a position and takes a dramatic drop in salary. Generally, a court ordered child support would not be reduced in this case.. and I agree, why should the child suffer because of actions WITHIN the control of one of the parents.

They may not be able to pay or keep up with payments.. but that will be their choice, not the childs or the other parent.

 

[NotHappy]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
ldelagra, Thanks for the post and also to share your experience.. however, I think you slightly misunderstood things.

Yes you can not get blood out of a stone, but the courts take a dim view when someone purposely, or voluntarily leaves a position and takes a dramatic drop in salary. Generally, a court ordered child support would not be reduced in this case.. and I agree, why should the child suffer because of actions WITHIN the control of one of the parents.

They may not be able to pay or keep up with payments.. but that will be their choice, not the childs or the other parent.

<HR></BLOCKQUOTE>

Thank you all so much for the advice....I appreciate it.

 

[bernad]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rose3kids:
Well I can only speak from my own experience.
When my ex moved to another state I had to start all over. I first tried to give the new employer the order for withholding, but
they told me it was no good. The reason it was now good was because it was a different state. And yes if he is making less he can
ask for a reduction of his payments so you might get less money. <HR></BLOCKQUOTE>Does this apply to a new baby also?