Voluntary Underemployment

[Lucke13]

What is the name of your state (only U.S. law)? CA

I have a legal separation in California which established child support and custody.

My ex recently filed for divorce in another state, but the case was dismissed due to lack of jurisdiction. I am now preparing to file for divorce in California.

After the case was dismissed, and he found out that the divorce case was going to go through California, he informed me that he was getting out of the navy and that things might not work out the way I hope. His exact words "Congrats on getting to rape me in CA court, btw, but I won't be in the military so that might not work out the way you hope."

If he gets out and goes back to school or gets a much lower paying job, is this considered voluntary underemployment, and what information would I need to show proof in court?What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA

I have a legal separation in California which established child support and custody.

My ex recently filed for divorce in another state, but the case was dismissed due to lack of jurisdiction. I am now preparing to file for divorce in California.

After the case was dismissed, and he found out that the divorce case was going to go through California, he informed me that he was getting out of the navy and that things might not work out the way I hope. His exact words "Congrats on getting to rape me in CA court, btw, but I won't be in the military so that might not work out the way you hope."

If he gets out and goes back to school or gets a much lower paying job, is this considered voluntary underemployment, and what information would I need to show proof in court?What is the name of your state (only U.S. law)?

You would subpoena his income history (tax returns, job history, etc). Then ask the court to impute income at the previous level (if his new job pays less).

 

[tuffbrk]

It would seem to me that he plans to leave the state. CA is not the most economical state and to be frank, the Navy isn't exactly the best paying employer. Presumably, you have a support system in place in CA, true? If not, you might want to look into sick care daycare costs, etc.

You also want to be fully aware of long distance parenting plan options.

Just in case he actually does leave the state, it is best to be prepared.

Further, it is a tough economy out there. If he leaves the Navy and obtains employment elsewhere, it is conceivable that he can argue the salary was the best that he could get. He can also argue that he had to leave the Navy to avoid being transferred since it would impact his custody time...

Good luck

 

[commentator]

Or he can argue, quite reasonably, that he left the Navy, and is now unable to find another job, so he takes his educational benefits and returns to school to make himself more employable. With the economy being what it is, there's a very believable argument that he can't find another job.

 

[tuffbrk]

Absolutely! Was a bit bothered that OP's post seemed to only be concerned with CS. With the economy the way it is? They will both be lucky to have 2 pennies to rub together after a divorce.

I would be far more worried about long distance parenting plans myself.

 

[Lucke13]

Thank you for the information regarding subpoenaing his income history.

He informed me last night that he is planning to use his GI bill to go to trade school in Texas to become a gun smith.

We already have a parenting plan in place which covers long distance as he has lived in Virginia for 3 years. I do have a support system in place in California, and am capable of managing the physical aspects of being a single parent on my own, but it would definitely be a financial hardship on us if he significantly lowers child support.

Regardless of the underemployment issue, this will not eradicate his obligation to pay some form of child support, correct?

Is there anything else that I should prepare for/look for/gather that would help me in this matter?

 

[mistoffolees]

Thank you for the information regarding subpoenaing his income history.

He informed me last night that he is planning to use his GI bill to go to trade school in Texas to become a gun smith.

We already have a parenting plan in place which covers long distance as he has lived in Virginia for 3 years. I do have a support system in place in California, and am capable of managing the physical aspects of being a single parent on my own, but it would definitely be a financial hardship on us if he significantly lowers child support.

Regardless of the underemployment issue, this will not eradicate his obligation to pay some form of child support, correct?

Is there anything else that I should prepare for/look for/gather that would help me in this matter?

No, it will not eradicate his obligation. He is making a voluntary choice to change careers and go back to school. You will ask the court to impute his income at the previous level.

 

[tuffbrk]

He informed me last night that he is planning to use his GI bill to go to trade school in Texas to become a gun smith.

We already have a parenting plan in place which covers long distance as he has lived in Virginia for 3 years. I do have a support system in place in California, and am capable of managing the physical aspects of being a single parent on my own, but it would definitely be a financial hardship on us if he significantly lowers child support.

He may find that his GI bill may not disburse funds in a manner that is acceptable to a trade school. I forked over $4500 to my Step so that he could go to a trade school.

As you have a support system in place and can manage parenting on your own (may you be granted plenty of patience and energy!!), I would think you have covered your bases. And has been noted - Dad also has to support himself so he will need some kind of job and Dad will have to continue to pay CS. Whether or not the courts will agree to a downward modification is anyone's guess.

 

[tuffbrk]

I agree. I'm not confident that his decision to leave the Navy, regardless of his stated reason and/or the reality of why he is exiting the service, is going to be viewed as underemployment.

His decision to go to a trade school, to obtain the skills to compete in the job market, may also not be viewed as being voluntarily underemployed. It's not as if he is planning to become a full time student for the next 4 yrs. Trade schools often follow their own schedule with the person completing their assigned studies in 18-20 mos. The court may very well take that into consideration. As a result, the initial CS ordered may be less than what the OP is anticipating. Of course, OP can then request a post-schooling review.

 

[Ohiogal]

No, it will not eradicate his obligation. He is making a voluntary choice to change careers and go back to school. You will ask the court to impute his income at the previous level.

However, OP needs to be prepared that he MIGHT NOT be imputed due to the fact that he is going to school to become more employable in the civilian world.