Children's father keeps quitting jobs

[DianeJanay]

HELP!!!Children's father keeps quitting jobs

What is the name of your state? Florida

Hello and here is my question, first an important explanation. Ü
The father to my 3 children has a habit of quitting his jobs.
*Most recently, he worked for the State of Florida (45k per year with benefits) and left is job because of mental anguish. The mental anguish always comes into play when he is sick of the job and his current wife doesn't agree with him on him resigning the job.
*In the past he has quit his job as a licensed teacher twice, because of the mental stress.
*He has no mental stress being home unemployed, until his wife puts her foot down and he has to get a job.
*He found out that the last job he quit was going to cost him money because he signed a contract and didn't fulfill it. Now he has to see the state doctor and prove he has mental disabilities (they say he does) that kept him from his job. These mental problems only keep him from doing what he doesn't want to do.
*He now has a job working 25 hours a week @ $6 per hour even though he can work more and chooses not to do so.
*He filed for a child support reduction due to his pay decrease and it was granted.
*Does he have to right to quit jobs and ask for reductions if he has the ability to work at better jobs? Should the state send a check to the children for his disability?
*He is court ordered to keep health insurance for the children and life insurance on himself. The jobs he quit provided both of these, the new job does not.
*Please may I have some advice?! Diane

 

[Inquiry123]

Clarification...

If the doctors indicate your ex has "mental problems" that keep him from being able to work a higher-paying, more "stressful" jobs, I imagine you will have a hard time convincing the court otherwise. Am I correct in assuming that you think he is faking?

If not, what would you do if you were still together? Would you be supportive of him considering his medical condition? Or would you kick him to the curb? Much like his new wife, you would have to deal with the limitations of a lower income. And you would have to pick up the slack.

A mental disability is many times no less disabling than a physical disability. If your ex had been an NBA player earning millions, had both legs amputated (not his choice,) and then was reassigned to Towel Boy for $6 an hour, what could you do? Nada. You would cope with the situation as is.

The court will hold support payors to a higher standard than the $6/hr if they maliciously lower their income by diliberately taking low paying jobs. I believe your ex's "doctor's note" will be proof enough that he is not under-employed with a malicious motive.

If he has diability income in addition to his Burger King income, you can request that it be considered together when computing the support amount -- the state will not send the kids a check. Take care.

 

[DianeJanay]

Florida

Thanks for the reply.
The doctor did not say he couldn't work a high stress job. He just had to convince them that mental anguish made him quit this particular job so he wouldn't have to pay the money back. He has a wife that will work 3 jobs because she wants to buy a house and can't let the credit be ruined and he takes advantage of this and only works a few hours a week. He is completely capable of doing anything that makes him happy, but the second it becomes unpleasant he gets sick. His wife questioned him about what he told the doctor and he said he told them what he had to. I just need to know if I can legally do anything.

 

[Inquiry123]

Reading between the lines...

"he takes advantage of this", "he is completely capable", "he told them what he had to", "These mental problems only keep him from doing what he doesn't want to".

OK...I take it that you believe he is faking the "illness" that keeps him from being fully-employed. Legally, all you have to do is prove it to the court. It will be an expensive fight and will likely cause him so much additional stress that he'll show up for court in a wheel chair -- or maybe even drive him to an attempted suicide if you're lucky.

If my score-keeping is correct, so far he has fooled his former employer's doctor, his new wife, and the court. Ex = 3, You = 0.

My advice is to leave him alone...it will be much less expensive to allow him to "heal" and then go after a support increase in a few months when he's bumped-up to head fry cook.

I don't mean to make light of your situation...it's a tough "nut" to crack...and your legal options are extremely limited if he really is ill or so convincing that professionals are fooled.

 

[DianeJanay]

Thanks...Good advice. Update: His current wife is not fooled she has announced that she has had enough and will file for divorce in February. I wonder how he will get out of this one?