CP quits job?

[castepmom]

What is the name of your state? PA

What happens if the CP (mom) quits her job and files for a modification of support. There is a current support order on file. No arrears.

 

[Zephyr]

is mom the payer or payee?

when was support last reviewed?

how do you know she QUIT her job?

 

[GrowUp!]

What is the name of your state? PA

What happens if the CP (mom) quits her job and files for a modification of support.

Mom, in most states, has to prove there has been a change of circumstance, per statute. In most states, voluntary resignation does not qualify. Dad SHOULD countermotion the court that orders mom to regain employment at the same skill AND salary level she (allegedly) resigned from.

 

[Zephyr]

Mom, in most states, has to prove there has been a change of circumstance, per statute. In most states, voluntary resignation does not qualify. Dad SHOULD countermotion the court that orders mom to regain employment at the same skill AND salary level she (allegedly) resigned from.

unless they're past the time for review anyway.....

and court is unlikely to order mom to work, and certainly won't order what type of work, they will simply imput her an imcome

 

[castepmom]

mom is the payee.
Good question about quit/fired. At this time she has no job. And has not applied for unemployment. This course of action leads me to believe she quit. In the past 3 years she was fired from 2 different jobs...both times she filed for unemployment immediately.
She has left a few Voice Mails for my husband that say "can't afford mortgage without job." "Need more support to pay my bills to support the children." "Your support is not enough now that I don't have a job." She seems to be hinting around that she is going to file for a support modification. Does PA law take into consideration what she would make if she was employed? Or does it only do that for the NCP?

 

[SingleMom67]

mom is the payee.
Good question about quit/fired. At this time she has no job. And has not applied for unemployment. This course of action leads me to believe she quit.
She has left a few Voice Mails for my husband that say "can't afford mortgage without job. Need more support to pay my bills to support the children. Your support is not enough now that I don't have a job. " She seems to be hinting around that she is going to file for a support modification. Does PA law take into consideration what she would make if she was employed? Or does it only do that for the NCP?

It doesn't work that way. She doesn't get the option of increasing ex's support amount in order to quantify staying at home. The courts will impute an income to mom based on her previous earnings.

 

[LdiJ]

It doesn't work that way. She doesn't get the option of increasing ex's support amount in order to quantify staying at home. The courts will impute an income to mom based on her previous earnings.

However, if dad's income has increased since the child support order was put into place, its still possible that dad's child support could increase, even if she is imputed with the same income she was making before.

 

[nextwife]

It just amazes me how many women falsely believe that it is the responsibility of their child's father to put a roof over THEIR heads and cover THEIR utilities, etc. As if they wouldn't have had to pay rent, phone, electric, heat, transportation etc. anyway. Even if they had not had kids, they'd need to pay rent, have a phone, lights, heat. etc.!

No, mom is responsible for supporting mom. Your CS is inly supposed to be YOUR SHARE of the cost of supporting your child in her home. She is also responsible to share the cost of supporting her child.

Therefore an increase ONLY because mom chooses unemployment would not be warranted. She can and should be imputed her pre-quit income.

 

[SingleMom67]

However, if dad's income has increased since the child support order was put into place, its still possible that dad's child support could increase, even if she is imputed with the same income she was making before.

True. I was just answering the question that mom will be imputed an amount; not going in to "what ifs".

 

[haiku]

It just amazes me how many women falsely believe that it is the responsibility of their child's father to put a roof over THEIR heads and cover THEIR utilities, etc. As if they wouldn't have had to pay rent, phone, electric, heat, transportation etc. anyway. Even if they had not had kids, they'd need to pay rent, have a phone, lights, heat. etc.!

No, mom is responsible for supporting mom. Your CS is inly supposed to be YOUR SHARE of the cost of supporting your child in her home. She is also responsible to share the cost of supporting her child.

Therefore an increase ONLY because mom chooses unemployment would not be warranted. She can and should be imputed her pre-quit income.

Its all dependant on how the state uses the CP income though....my husbands state they do use both incomes, but the moms income barely makes a difference in the amount of child support. His ex refuses to work steadily, and the court doesn't bother to impute an income because the amount only goes down 14 bucks with her working at a salary range of 35,000.....as an example.

I played with the calculator using all kinds of salaries for both parties, and I don't know why they even bother, with CP income in my husbands state.....

And I am not going to deny it does become annoying when her lawyer mentions what a struggle it is for my husbands ex, to raise the children, on what child support my husband gives her**************.

 

[castepmom]

ok...so CS doesn't have to cover her living expenses because she chose to be unemployed. However...if she choses to stay unemployed, and loses her lights, heat, food...house. Can the custody change? Should the children be living in an arrangement where the electric is turned off, cannot drink the water in the home, or mom is forced to move in with her parents because she loses her house?

 

[haiku]

ok...so CS doesn't have to cover her living expenses because she chose to be unemployed. However...if she choses to stay unemployed, and loses her lights, heat, food...house. Can the custody change? Should the children be living in an arrangement where the electric is turned off, cannot drink the water in the home, or mom is forced to move in with her parents because she loses her house?

poverty in and off itself is not a reason to lose custody. And no, moving in with her parents is also not grounds to lose custody, as she is still providing the children with a home....

 

[castepmom]

And I am not going to deny it does become annoying when her lawyer mentions what a struggle it is for my husbands ex, to raise the children, on what child support my husband gives her**************.[/QUOTE]

this always amazes me...the child goes without, the electric is turned off, they shower at the grandparents home...and mom is spending money on an attorney to get more CS to pay her mortgage, electric, phone, cable, groceries...ect. When she should be getting a job.

 

[nextwife]

Its all dependant on how the state uses the CP income though....my husbands state they do use both incomes, but the moms income barely makes a difference in the amount of child support. His ex refuses to work steadily, and the court doesn't bother to impute an income because the amount only goes down 14 bucks with her working at a salary range of 35,000.....as an example.

I played with the calculator using all kinds of salaries for both parties, and I don't know why they even bother, with CP income in my husbands state.....

And I am not going to deny it does become annoying when her lawyer mentions what a struggle it is for my husbands ex, to raise the children, on what child support my husband gives her**************.

Man, I'd have trouble holding my tongue!

Mom isn't SUPPOSED to be LIVING on the CS, that's why it's a struggle! The CS is supposed to suppliment the money mom supports herself with!

They are idiots for living on their CS anyway. They are NOT accruing retirement benefits, They are NOT accruing SS benefits, they are NOT accruing disability SS credits, they are not improving their employability. And what are they using for their OWN health insurance?

Betcha we as a society eventually get stuck picking up the costs when mom can't pay for a hospital or other medical cost she incurs, or what she can't afford when the CS stops after the kids age out and she has limited job prospects because she's failed to make herself a valuble jop prospect and has nothing to fall back on. Or eventually when she has no assets with which to provide for herself and her care needs after retirement age. Stupid, stupid

 

[castepmom]

[/B]

They are idiots for living on their CS anyway. They are NOT accruing retirement benefits, They are NOT accruing SS benefits, they are NOT accruing disability SS credits, they are not improving their employability. And what are they using for their OWN health insurance?

You are preaching to the choir. In this case mom doesn't believe that any portion of her income should be used to support her children. She believes it is the sole responsibility of CS to support her and the children. And since mom found out my income, she now believes she is entitled to my husbands entire paycheck because she believes that it is my repsonsilibty to support him...because he should be supporting her.

She has even gone so far as to employ an attorney to try to fight for an increase in CP to buy a new car, because she says that unless she has a reliable car...she can't get a job.