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Can a voluntary job change shift child support?

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Drivenformore

Junior Member
I live in Florida and am pursuing a divorce. I have two children, ages 4 and 5. My wife and I have been together for 9 years. During that time I've been in school and, for the last two years, have been the breadmaker. I currently make roughly $55,000/yr, and she currently makes roughly $5,000/yr in odd jobs.

I've decided to shift my career to be more available for the kids. As my wife intends to work a full-time job, it would be helpful if I were to work a profession that would allow me to take care of the kids for most of the summer break. Unfortunately shifting my career to one this flexible would likely cause a large drop in income. My wife doesn't want to make any agreements in the divorce documents such that if I make this voluntary change that it will lower child support, despite the time and financial support that it would create for me to do this.

Is there a way to modify support based on voluntarily-changed income if done to support my children? Does it matter if there have been discussions for this change to take place for years?

If the answer is 'no', and I'm required to pay based on my current income, will it drop over time or stay at that higher level for as long as the chlidren require support?


Separately, my wife wants child support paperwork to be filed based on how income is at this exact moment. She is talented, highly educated and confident that she will get a good paying job when she wants to. If I file child support at her current low income and my high income, and want to refile it in say a year or two as she finds employement, is it true the modification will take into account her new financial status but ignore mine if done voluntarily?

Thank you!
 


Ohiogal

Queen Bee
What type of voluntarily decrease would you get? Your wife should be imputed with at least full time minimum wage income. Why would you allow her to be treated as though she could only earn $5k a year?
 

Zigner

Senior Member, Non-Attorney
How much less do you intend to allow your children to eat? I mean, it's your choice, right?

It's entirely possible (dare I say, likely) that your voluntary drop in income will be ignore by the court and that it will impute your income at your current level.
 

Drivenformore

Junior Member
What type of voluntarily decrease would you get? Your wife should be imputed with at least full time minimum wage income. Why would you allow her to be treated as though she could only earn $5k a year?

My voluntary decrease would likely drop from $55k/yr to somewhere around $30k/yr. Teaching unfortunately doesn't pay well, but it has the beautiful perk of allowing me vacation time that matches my kids.
My wife could be imputed with at least a full time job, correct. When we discussed it we decided to look at 'reality', meaning not what we could be making, but what we actually are. I assumed this went both ways, but having learned that my voluntary drop may simply be ignored, it seems like this will strictly be to her benefit and not reflect financial reality at all.


How much less do you intend to allow your children to eat? I mean, it's your choice, right?

It's entirely possible (dare I say, likely) that your voluntary drop in income will be ignore by the court and that it will impute your income at your current level.
If it was a question of their physical wellbeing I'd agree with you, but they'll be emotionally and physically better taken care of with their father than if they were in daycare. It is my choice, a choice to increase my support of the kids at the cost of some money, and I'm unclear on why the courts wouldn't take this into account. I appreciate the bluntness.



Thank you for the replies thus far!
 

commentator

Senior Member
Regardless of what you hear, getting teaching positions in desirable schools and school systems is not the piece of cake you believe it to be. There are many openings in inner city and very remote rural school zones, but it is my impression, based on knowing many people who are currently looking for teaching positions in many parts of the country, that you won't just walk into a teaching job in the area where you want one as soon as you decide to do it. Even if you are certified to teach in the hard sciences or mathematics or foreign language, those jobs get filled, they don't stand open long. (You are certified to teach in Florida now, aren't you?) I know several people who are certified to teach who are working retail and food services because there are not any teaching jobs for them in the area where they want to teach.

Both you and your wife seem quite oblivious to the fact that it's hard to get a job just because you want one, particularly if you have been out of the labor market and haven't looked for full time well paying jobs for a while, or have been in another field.

I would advise you to stay in the job you are in at least for a while. Your children will not ever really have the exact same hours as you unless you get a teaching job at the exact same school they are in, in which case they will grow out of it quickly. And vacation day care as opposed to a parent's complete time and attention doesn't always make up for the lost income. The teaching job, if you get it, may also involve quite a bit more hours of work off site than you visualize.

Financial stability is very helpful to people going through a divorce, and your wife may very well have some delay in getting that full time well paying job, as you may have some delay in getting that perfect school system teaching job you are so sure of. The courts tend to look real suspiciously at people who have all these wild plans to drop and raise their incomes so summarily while they are trying to establish support.
 
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Drivenformore

Junior Member
Regardless of what you hear, getting teaching positions in desirable schools and school systems is not the piece of cake you believe it to be. There are many openings in inner city and very remote rural school zones, but it is my impression, based on knowing many people who are currently looking for teaching positions in many parts of the country, that you won't just walk into a teaching job in the area where you want one as soon as you decide to do it. Even if you are certified to teach in the hard sciences or mathematics or foreign language, those jobs get filled, they don't stand open long. (You are certified to teach in Florida now, aren't you?) I know several people who are certified to teach who are working retail and food services because there are not any teaching jobs for them in the area where they want to teach.

Both you and your wife seem quite oblivious to the fact that it's hard to get a job just because you want one, particularly if you have been out of the labor market and haven't looked for full time well paying jobs for a while, or have been in another field.

I would advise you to stay in the job you are in at least for a while. Your children will not ever really have the exact same hours as you unless you get a teaching job at the exact same school they are in, in which case they will grow out of it quickly. And vacation day care as opposed to a parent's complete time and attention doesn't always make up for the lost income. The teaching job, if you get it, may also involve quite a bit more hours of work off site than you visualize.

Financial stability is very helpful to people going through a divorce, and your wife may very well have some delay in getting that full time well paying job, as you may have some delay in getting that perfect school system teaching job you are so sure of. The courts tend to look real suspiciously at people who have all these wild plans to drop and raise their incomes so summarily while they are trying to establish support.
Thanks commentator.
I am able to teach in Florida, though my wife has requested the ability to relocate to another state (which I've agreed to.) That will muck things up a bit. As for getting desirable teaching positions, I don't anticipate getting one at the drop of a hat. Being in the STEM fields with a Master's degree should help, but there are no guarantees. I don't need to work in the same school as the kids - I want similar schedules, not exact.


It seems like even IF I was sure to get a teaching position or equivalent, the judges don't value it in their considerations when setting initial child support. But what if you've already been working such a position for a few years?
 

LdiJ

Senior Member
Thanks commentator.
I am able to teach in Florida, though my wife has requested the ability to relocate to another state (which I've agreed to.) That will muck things up a bit. As for getting desirable teaching positions, I don't anticipate getting one at the drop of a hat. Being in the STEM fields with a Master's degree should help, but there are no guarantees. I don't need to work in the same school as the kids - I want similar schedules, not exact.


It seems like even IF I was sure to get a teaching position or equivalent, the judges don't value it in their considerations when setting initial child support. But what if you've already been working such a position for a few years?
Bottom line, child support will, in the end, be calculated based on your current income and at best, mom's imputed income of 40 hours a week at minimum wage. Child support is fluid therefore changes in income are taken into consideration as they happen. However, voluntary decreases in income are generally frowned upon and not taken into consideration.

So, if you decide to decrease your income by taking a teaching job, that will not lower your child support. If you get laid off and the only job you can get is one making less money, that will generally lower your child support.

If mom gets a job that is significantly better than minimum wage at 40 hours a week, that will be taken into consideration as well.
 

stealth2

Under the Radar Member
I live in Florida and am pursuing a divorce. I have two children, ages 4 and 5. My wife and I have been together for 9 years. During that time I've been in school and, for the last two years, have been the breadmaker. I currently make roughly $55,000/yr, and she currently makes roughly $5,000/yr in odd jobs.

I've decided to shift my career to be more available for the kids. As my wife intends to work a full-time job, it would be helpful if I were to work a profession that would allow me to take care of the kids for most of the summer break. Unfortunately shifting my career to one this flexible would likely cause a large drop in income. My wife doesn't want to make any agreements in the divorce documents such that if I make this voluntary change that it will lower child support, despite the time and financial support that it would create for me to do this.

Is there a way to modify support based on voluntarily-changed income if done to support my children? Does it matter if there have been discussions for this change to take place for years?

If the answer is 'no', and I'm required to pay based on my current income, will it drop over time or stay at that higher level for as long as the chlidren require support?


Separately, my wife wants child support paperwork to be filed based on how income is at this exact moment. She is talented, highly educated and confident that she will get a good paying job when she wants to. If I file child support at her current low income and my high income, and want to refile it in say a year or two as she finds employement, is it true the modification will take into account her new financial status but ignore mine if done voluntarily?

Thank you!
I hate to tell you, but... While $5k is certainly low, $55k is far from "high".

And I have a friend w/a Masters in Ed, focusssing on STEM - it took him 4 years to get a teaching job. Until now, he's been working as a Para. So.... It may not help as much as you think.
 

Silverplum

Senior Member
I hate to tell you, but... While $5k is certainly low, $55k is far from "high".

And I have a friend w/a Masters in Ed, focusssing on STEM - it took him 4 years to get a teaching job. Until now, he's been working as a Para. So.... It may not help as much as you think.
It's $50,000 more than Mom makes: I'd call that a significant difference.

I suppose jobs depend on location: my H had several STEM teaching job offers upon graduation. Of course, that was some years ago. :)
 

stealth2

Under the Radar Member
It's $50,000 more than Mom makes: I'd call that a significant difference.

I suppose jobs depend on location: my H had several STEM teaching job offers upon graduation. Of course, that was some years ago. :)
Did I say it wasn't significant? Why no, I don't believe I did. I addressed OP's characterization of his income as 'high". Not "highER", but "high". It's not.
 

cbg

I'm a Northern Girl
I suppose jobs depend on location: my H had several STEM teaching job offers upon graduation. Of course, that was some years ago. :)
Times have changed. A quick look at one popular job website shows less than 40 STEM teaching jobs available in my entire state.
 

commentator

Senior Member
And the thing I have always noticed, even at the height of the well publicized "teacher shortage" those available jobs were primarily in the least desirable areas of the state, as I said in the rural or urban problem schools, not in the better public schools in higher income neighborhoods and school systems. Most of the people I know who are trying for teaching positions are restricted by their circumstances and cannot relocate anywhere in the state or country where there is a teaching vacancy. They'd like to find a teaching position somewhere closer to where their home and families are. And that is sometimes a problem.

I have just seen too many people lose jobs involuntarily and desperately want to find new ones, and many times those new jobs didn't just pop right up. I can't help remembering that OP we had who was going to quit her professional job and cash out and live on her retirement income and stay at home with her child during the formative years. This sort of optimism about finding future jobs just when you want one makes me cringe just a little. I certainly wouldn't quit my current job until I had another one firmly in hand.

If the OP has a current teaching certification, went to school to do it, and he could convince the courts that a teaching job (such this particular one he now has offered to him) is his dream, they might be sympathetic to his desire to change occupations and teach. Likewise, if he had been teaching for a few years before the divorce or child support arrangements, they're not going to suggest he quit his teaching job and seek a higher paying job, just because he has a degree in something.

But just what he said here, we're open to this and that and I'm going to get this and that in the future sense is going to be very poorly received. As is mentioning that he is going to voluntarily quit the job he has now and try to find a teaching job so he will have similar hours to his children. And I agree with the other poster who points out that $55K isn't a really high income job. He might very well eventually work up to something that good in teaching someday. But I wouldn't go for it unless I was really dedicated and wanting to teach, and knew I could get a specific teaching job, in that it had actually been offered to me.
 
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