Underemployment or reasonable?

[katkat75]

What is the name of your state? Florida

My finace has primary custody of his son. His ex has only every other weekend visitation..no holidays or extended vacation. The ex wife has a bachelor's degree (completed a few weeks after leaving) but is choosing to work part -time as a cashier at a grocery store. Before leaving she was a full-time college student (if she can do that why can't she work full-time?). Her child support payments are based on this part-time employment. Is this even legal? I thought that at minimum they would impute her income based on full-time at minimum wage unless there is a physical or mental reason why she can't work f/t. I can only assume that they are taking into account that she's had a baby with her boyfriend. Florida statutes clearly state that any children born after aren't supposed to be taken into consideration when determining the child support for previous child. She has shown no proof of even trying to find full-time employment with or without her degree. Will she ever be required to produce income up to the level of her education and capability...or even try?

 

[Gracie3787]

What is the name of your state? Florida

My finace has primary custody of his son. His ex has only every other weekend visitation..no holidays or extended vacation. The ex wife has a bachelor's degree (completed a few weeks after leaving) but is choosing to work part -time as a cashier at a grocery store. Before leaving she was a full-time college student (if she can do that why can't she work full-time?). Her child support payments are based on this part-time employment. Is this even legal? I thought that at minimum they would impute her income based on full-time at minimum wage unless there is a physical or mental reason why she can't work f/t. I can only assume that they are taking into account that she's had a baby with her boyfriend. Florida statutes clearly state that any children born after aren't supposed to be taken into consideration when determining the child support for previous child. She has shown no proof of even trying to find full-time employment with or without her degree. Will she ever be required to produce income up to the level of her education and capability...or even try?

You are correct, Florida does not allow for credits, or deviations for other children, so that is not the problem.

How long ago was the order issued?

If it was recent, a modification can't be filed for awhile. If it was a while ago, a modification can be filed and ask for her to be imputed income based on her earning capabilty.

 

[katkat75]

Thanks for your response.

The order was issued 12/07. I knew we would have to wait before pursuing modification. I just wanted to make sure I had my facts straight and that there is indeed a light ahead of us.

 

[sddad]

I would give it at least 6 months. I would look into end of this year to play it safe.

 

[Silverplum]

I would give it at least 6 months. I would look into end of this year to play it safe.

Be sure, don't just say stuff:

http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=FL#11

 

[sddad]

Be sure, don't just say stuff:

http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=FL#11

Look into it means to investigate. Nothing is for sure until you look into it and get some feedback from a legal source.

 

[Silverplum]

Look into it means to investigate. Nothing is for sure until you look into it and get some feedback from a legal source.

Nice try.

IF you had READ the link I provided (*cough, cough*), you would SEE that it was your TIMING advice that was incorrect.

Again. Don't just spout stuff: know it. Don't lead people down a garden path.

When YOU came here for advice, did you want REAL and VALID information, or just whatever some bored person popped off???

 

[fairisfair]

What is the name of your state? Florida

My finace has primary custody of his son. His ex has only every other weekend visitation..no holidays or extended vacation. The ex wife has a bachelor's degree (completed a few weeks after leaving) but is choosing to work part -time as a cashier at a grocery store. Before leaving she was a full-time college student (if she can do that why can't she work full-time?). Her child support payments are based on this part-time employment. Is this even legal? I thought that at minimum they would impute her income based on full-time at minimum wage unless there is a physical or mental reason why she can't work f/t. I can only assume that they are taking into account that she's had a baby with her boyfriend. Florida statutes clearly state that any children born after aren't supposed to be taken into consideration when determining the child support for previous child. She has shown no proof of even trying to find full-time employment with or without her degree. Will she ever be required to produce income up to the level of her education and capability...or even try?

by the way, being a full time student does not mean spending 40 hours a week at school.

 

[katkat75]

by the way, being a full time student does not mean spending 40 hours a week at school.

Capability not number of hours per week.

Silverplum: Thank you for that link. That answered a LOT of our questions.