Another thread about attempt to modify child support

[LifesPeachy]

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

Hi,

My ex is going to court to try to modify the amount of child support he pays for our daughter (7 yrs old).

He's claiming he needs this on an emergency basis because he is unemployed and can no longer afford to support his current wife and their newborn baby.

He has / had been in the military for over 10 years, but if he is unemployed this means he has now left. I am not 100% sure, but I believe he left of his own accord (it's not as if the military lay people off because of the poor economy!).

He has no college education, no meaningful work experience outside the military and obviously knew he had a new-born child on the way, so if he's voluntarily quit his job without having another job lined up, does anyone know whether the court is likely to grant modification?

I hope people can understand what I am saying here - I know there are a lot of people who have lost their jobs through no fault of their own and because of this can no longer make the same level of child support payments. I have sympathy for these people.

- But if someone has quit their job without having anything (let alone anything better) lined up and then claims poverty and says they can't afford child support for their first born child because they need to look after their new-born child, how is the court likely to look upon this?

Also - when making the calculations for how much child support should be paid, does the court take into account the earnings of my current husband, and my ex-husband's wife? - I ask because the ex-parte order filed says they won't have any family income until November or December, which is when his wife is due to return to work from maternity leave.

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

 

[Just Blue]

He may have left due to an injury. In that case he would qualify for the modification.

He has / had been in the military for over 10 years, but if he is unemployed this means he has now left. I am not 100% sure, but I believe he left of his own accord (it's not as if the military lay people off because of the poor economy!).

 

[Sanuk-1997]

He has / had been in the military for over 10 years, but if he is unemployed this means he has now left. I am not 100% sure, but I believe he left of his own accord (it's not as if the military lay people off because of the poor economy!).

The military does separate those that don't progress in rank fast enough.
He may have be "RIFed"

 

[Proserpina]

Generally only Dad's income is used to calculate the amount - not that of his wife. If Dad is considered voluntarily unemployed or underemployed he can be imputed a wage and the child support arrears will start to build if he does not abide by the order.

This may be a little premature though at this point, not knowing the actual circumstances.

 

[LifesPeachy]

Thanks for the responses.

I guess it will come out in court / mediation, but I believe he left of his own accord because some months ago someone commented on is myspace page asking him if he'd been given a separation date.

So, If I got this correctly - the court would be most likely to agree to a modification if he had been separated due to injury (unlikely since his role is as a supervisor on a military base and he was talking about separation months ago)

If he'd been fired for failing to progress rank, or some other issue, they would be somewhat less likely to agree to modification.

And if he had left entirely of his own accord, they would be fairly unlikely to agree?

Does that sound about right?

 

[Proserpina]

Thanks for the responses.

I guess it will come out in court / mediation, but I believe he left of his own accord because some months ago someone commented on is myspace page asking him if he'd been given a separation date.

So, If I got this correctly - the court would be most likely to agree to a modification if he had been separated due to injury (unlikely since his role is as a supervisor on a military base and he was talking about separation months ago)

If he'd been fired for failing to progress rank, or some other issue, they would be somewhat less likely to agree to modification.

And if he had left entirely of his own accord, they would be fairly unlikely to agree?

Does that sound about right?

If he was fired he may well still get the modification particularly if he can show due diligence in trying to get another job.

There are many, many possible reasons for his military separation and a substantial number of them could be involuntary; the fact that he (or a friend) alluded to a separation date in the future doesn't mean a thing, honestly - it's quite possible he would know in advance even if his reason was/is involuntary.

ETA: Even if he left of his own accord that does not guarantee the petition would be denied - his reasons would be taken into account.

 

[nextwife]

Out of curiosity, would NOT electing to re up be the same as being voluntarilly unemployed? I mean, if you or I simply stay at our jobs, our lives are not at risk. But a person who has already served has done their duty and is not considered obligated to remain in the service after their term is up, correct?

 

[Proserpina]

Out of curiosity, would NOT electing to re up be the same as being voluntarilly unemployed? I mean, if you or I simply stay at our jobs, our lives are not at risk. But a person who has already served has done their duty and is not considered obligated to remain in the service after their term is up, correct?

That would hopefully be seen more similarly to a lay-off.

Then again such a service-member would know well ahead of time when s/he would be separating from the military and would at least have a rough idea (and perhaps some money saved up....to cover ongoing financial obligations) of what s/he wants to do afterwards, y'know?

 

[nextwife]

That would hopefully be seen more similarly to a lay-off.

Then again such a service-member would know well ahead of time when s/he would be separating from the military and would at least have a rough idea (and perhaps some money saved up....to cover ongoing financial obligations) of what s/he wants to do afterwards, y'know?

Well, I am working as a loan loss mitigator these days, and I've dealt with quite a number of recent ex military who found the jobs they thought they had lined up evaporated with a whole lot of the other evaporated jobs out there. Or the reverse, they simply hadn't realized how hard it would be to find something. Ego, you know.

 

[Proserpina]

Well, I am working as a loan loss mitigator these days, and I've dealt with quite a number of recent ex military who found the jobs they thought they had lined up evaporated with a whole lot of the other evaporated jobs out there. Or the reverse, they simply hadn't realized how hard it would be to find something. Ego, you know.

I can understand that, absolutely - it's never easy for anyone to come to terms with. And while I know we're always told to try and save up enough to cover at least 2 months' worth of bills, seriously... how many of us can actually do that?

In OP's case there's really not much she can do - whatever her ex's reasons she needs to be prepared for that modification being approved. Expect the worst, and anything else will be a bonus.