<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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