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Looks like judge will reduce Child Support

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Can't believe it

Guest
Remember me? Ex is voluntarily quitting secure, high paying job in IL to move to the glamour capital of the world, LasVegas and taking a cut in pay from $46k to $18k. Evidently IL isn't as strict as CA on non-custodial parents that simply want to quit their job, lower child support, not to mention abandoning their children (he does not even want to set visitation, just in case it doesn't fit into his schedule next summer)....consulted with two attorneys and both say in recent court action, our family court judge has reduced child support for similar cases. My second attorney suggested filing for an increase in child support first (he hasn't actually filed yet, claims he's still laying the ground work and receiving affidavits from his future employer for proof of future income). She says this will force their hand to come up with anything and since he's making 30% more per year now than in the past, we are justified in filing for increase. She thinks this may help our case in not getting it lowered as much. I'm just completely amazed that he even has a chance here at getting it reduced. Why on earth wouldn't the judge say "since this is your will and your choice, YOU work the two jobs to keep your financial committments"?? By the way, we are not well off and this is going to hurt the budget considerably. I don't even really have the money for the attorney fee, but I have to fight this. He's claiming stress of the job (like Vegas won't cause any stress as a security guard?). Any thoughts or guidance from anyone in a similar situation?
 


B

bmjmk767

Guest
In N.c. my ex was allowed to collect unemployment for six mths. the judge saw nothing wrong with this. the ex had been making 60,000 a yr and got a part time job making 7.50hr.Now thats justice huh? Good luck.
 
I

I can't believe It

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by bmjmk767:
In N.c. my ex was allowed to collect unemployment for six mths. the judge saw nothing wrong with this. the ex had been making 60,000 a yr and got a part time job making 7.50hr.Now thats justice huh? Good luck. <HR></BLOCKQUOTE>

You know, when I was reasearching case decisions, NC was one of the decisions I found where they ruled on behalf of the custodial parent and said no way, you voluntarily went into business for yourself, you took the risk, therefore, we are not reducing your child support obligation..they did "impute" earning capacity on him and told him it was his responsibility to make it up somehow. I also found some cases similar in CA where they used the "imputed income" rule, but of course none in IL where I'm at. I think it would be a little different if he lost his job and made a valiant effort to find satisfactory employment, then maybe temporary reduction, but they should be responsible to make it up later. Where's their incentive to try and find other employment sooner? Heck, let's just take our own sweet time since the courts reduced our obligation. Is he still only working P/T or did he eventually get back up to his previous level? Did you have to go back to court to get it increased then?
 

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