Becoming stay at home dad to avoid paying child support

[gingerale76]

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

My child's father has a court ordered support obligation. He is four months behind. He told me that his father laid him off. He says he only does side jobs now and is a stay at home dad while his wife works. He tells me that it is time to get our order modified so that it can be reduced. He only pays support, he doesn't help with insurance or medical bills, that is all on me.

Can he really get his support reduced by being a stay at home dad?

 

[Proserpina]

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

My child's father has a court ordered support obligation. He is four months behind. He told me that his father laid him off. He says he only does side jobs now and is a stay at home dad while his wife works. He tells me that it is time to get our order modified so that it can be reduced. He only pays support, he doesn't help with insurance or medical bills, that is all on me.

Can he really get his support reduced by being a stay at home dad?

If he files to modify, simply request that he's imputed an income either equal to his most current job or at least 40 hours @ min wage.

Generally a voluntary decrease in income - such as becoming a SAHD instead of working - won't result in a downwards modification.

 

[nextwife]

Both parents should be supporting your child financially, not just you. Dad needs to do his part.

 

[gingerale76]

I filed for contempt. He said, "good, it's about time it is reduced to the right number". Our order was figured 10 years ago, not once did I ask for a modification even after I found out that he had lied about his income during the support hearing. He was self employed working for his father and they "cooked the books". I know that he received several increases in income over the years but I never once filed to modify for an increase. I don't understand what he means by "reduced to the right number", it's always been the wrong amount because it was too low of an amount.

I'm just so frustrated. Sorry.

 

[gingerale76]

Since our order was put into effect, he has fathered four more children. He has a support order for one of them and the other three he lives with. He seems to think that the court will reduce his support to our mutual child based on this. If that is the case that is might unfair because our child was the first child and he shouldn't be able to run around having babies and then not have to support his first child.

 

[Silverplum]

I filed for contempt. He said, "good, it's about time it is reduced to the right number". Our order was figured 10 years ago, not once did I ask for a modification even after I found out that he had lied about his income during the support hearing. He was self employed working for his father and they "cooked the books". I know that he received several increases in income over the years but I never once filed to modify for an increase. I don't understand what he means by "reduced to the right number", it's always been the wrong amount because it was too low of an amount.

I'm just so frustrated. Sorry.

Don't ever take legal "advice" from your X.

Good thing you filed for contempt, and that the CS will be recalculated. You can find a calculator for your state online and run the estimated numbers. I'll betcha it increases, because you've never had it modified before.

 

[Proserpina]

I filed for contempt. He said, "good, it's about time it is reduced to the right number". Our order was figured 10 years ago, not once did I ask for a modification even after I found out that he had lied about his income during the support hearing. He was self employed working for his father and they "cooked the books". I know that he received several increases in income over the years but I never once filed to modify for an increase. I don't understand what he means by "reduced to the right number", it's always been the wrong amount because it was too low of an amount.

I'm just so frustrated. Sorry.

..your order hasn't been modified in 10 years?

Dad might be in for a nasty surprise if he wants to modify now - he might find his obligation actually increasing due to COL increases.

 

[gingerale76]

Don't ever take legal "advice" from your X.

Good thing you filed for contempt, and that the CS will be recalculated. You can find a calculator for your state online and run the estimated numbers. I'll betcha it increases, because you've never had it modified before.

He also has never had to help with medical/dental costs. The child is getting ready to get braces and he has refused to help assist in this financially citing the support order not making anyone financially responsible for her medical/dental expenses. When the support order was put into effect, I was unemployed, I had been a stay at home mom and at the time of the trial had not found employment yet, although I was listed with a temp agency and was actively job hunting with our state's employment agency. They imputed an income of $8per hour to me, which was more than minimum wage and I had not ever had a job making that hourly wage (I was quite young at the time). Because I was unemployed, child was getting medicaid and the court didn't order medical support due to this. I think that is kind of silly because those circumstances change. Shortly after the order went into effect I did get a job, making less than what was imputed to me and provided for her medical insurance and any costs that insurance did not pay for.

 

[LdiJ]

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

My child's father has a court ordered support obligation. He is four months behind. He told me that his father laid him off. He says he only does side jobs now and is a stay at home dad while his wife works. He tells me that it is time to get our order modified so that it can be reduced. He only pays support, he doesn't help with insurance or medical bills, that is all on me.

Can he really get his support reduced by being a stay at home dad?

Yes and no, if you ask the court to impute an income to him based on what he is capable of earning, he will have to pay child support based on that amount. However, if he was working for his father and possibly receiving an artificially high salary for his work, or doesn't have the educational background to make that much money working for someone else, then perhaps he might not be imputed an income quite that high.

 

[CSO286]

Hold on, everyone--I just ran the calculator at:

Child Support Obligation Calculator - Virginia Department of Social Services

I ran the numbers, imputing min wage to Dad, first as a case with just one mutual child and again with dad having three other nonjoint kids in the home. There's a difference.

I would suggest that OP do the same.

According to the calculator Dad receives credit for non joint children living in his home, as well as for any non joint children he may be ordered to support.

 

[gingerale76]

So although I have an existing child support order that is ten years old and have custody of his oldest child and he has gone off and had more children he can choose to not support and the court will agree with him his oldest child because he gets credit for children he had AFTER our order? But I get no credit for the children I have with my current husband? Seriously? That is a messed up system!

He is actually moving in with his father and his wife is moving in with her mother and their children. I don't know if it is a divorce situation BUT his children will not be living with him as of next week. I assume this makes a difference?

 

[LdiJ]

So although I have an existing child support order that is ten years old and have custody of his oldest child and he has gone off and had more children he can choose to not support and the court will agree with him his oldest child because he gets credit for children he had AFTER our order? But I get no credit for the children I have with my current husband? Seriously? That is a messed up system!

He is actually moving in with his father and his wife is moving in with her mother and their children. I don't know if it is a divorce situation BUT his children will not be living with him as of next week. I assume this makes a difference?

No, you both get credit for subsequent children. However the credit is not huge, therefore he will still have to pay support. The judge will not order that he doesn't have to pay support.

 

[CJane]

According to the calculator Dad receives credit for non joint children living in his home, as well as for any non joint children he may be ordered to support.

I'd suggest OP discuss the issue with a local attorney, or a social worker at CSE who creates orders.

While subsequent children CAN be claimed as a credit, there are sometimes limitations on how that applies. As an example, in my state, if *I request a modification of my original support order, I do not get to claim the credit for my subsequent child - but my ex can claim HIS subsequent child. The requesting party doesn't get to "reduce" their income by using subsequent kids OR orders.

Also, OP said she filed for contempt, not a modification. Unless I missed that. But if that's true, unless Dad responds with a countersuit for modification, then THAT isn't even on the table.

 

[gingerale76]

I'd suggest OP discuss the issue with a local attorney, or a social worker at CSE who creates orders.

While subsequent children CAN be claimed as a credit, there are sometimes limitations on how that applies. As an example, in my state, if *I request a modification of my original support order, I do not get to claim the credit for my subsequent child - but my ex can claim HIS subsequent child. The requesting party doesn't get to "reduce" their income by using subsequent kids OR orders.

Also, OP said she filed for contempt, not a modification. Unless I missed that. But if that's true, unless Dad responds with a countersuit for modification, then THAT isn't even on the table.

I called CSE and they advised me to go to the court and file and go from there. Yes, I filed for contempt not a modification. I just want a judge to tell him that he is wrong, order him to pay and if he doesn't give him some sort of consequence which in my state I believe it is a suspended driver's license although that probably wouldn't bother him, he has no respect for the law and would drive regardless.

He told me that during the trial for contempt that he was going to request a reduction.

 

[mistoffolees]

I called CSE and they advised me to go to the court and file and go from there. Yes, I filed for contempt not a modification. I just want a judge to tell him that he is wrong, order him to pay and if he doesn't give him some sort of consequence which in my state I believe it is a suspended driver's license although that probably wouldn't bother him, he has no respect for the law and would drive regardless.

That's exactly what I would do.

First, if you file for contempt, he's likely to be held responsible for all the back support that he hasn't paid.

Second, he is going to have to prove to the court that there's justification for a reduction. If he voluntarily quit his job, that's going to be hard.