can she just quit work and get away with it?

[codygurl]

Hi, Im from Calif my husband has two kids from a previous relationship my sd lives w/ us and my ss lives w/ his mother
we have had sd for six yrs my ss has been living w/ his mother for about two yrs. We have never recieved child support for my sd. A month after ss moves in with his mother she get on welfare. so for the last two year's my husband has been paying $331 a month she has been off welfare for about 8mths now and is now married she also has two other children by her now husband. we started a case against her for support for sd and they said they would go back the whole six years and she has a good job now she makes only a couple dollars less than my husband. So da's said they should be detaching her wages and we should be getting something in about a month. when she finds out im afraid she will quit her job but now that she is married she can't get on welfare right? her youngest son is ill (heart problems) can she use that as the reason she isn't working? someone told me if she chooses not to work her new husband would have to pay her support is that true. I hope so because if my husband just quit they would throw him in jail and suspend his licsence. shouldn't be the same for a woman? I feel bad her son is ill, but I don't think our family should have to suffer because of it. It doesn't seem to bother her that she has never helped us financially but is getting support from us. I just think this whole situation is dumb we are both going to end up paying eachother support maybe she will get $30-50 more but we don't owe her arrears like she owes us. And the kids are already teenagers 15 &16 . I don't think she has ever considered that. Cause when ss turns 18 she will still owes us arrears but when ss turns 18 were done. Please someone I need someone to talk to. That none of my friends are step parents. Thanks

 

[codygurl]

what happened to the free advice????????????????

Here i posted a few day's and had twenty something view but no one has even replied.

 

[dogmom30]

Unemployed mom

Hi,

I'm sorry that no one has answered your post. I came here interested about the same question. My stepson's grandparents won a lottery and netted about $4 million. Although they bought my stepson's mom a house, I don't know if they give her living expenses. She has quit her job and is now requesting that we increase her child support. It doesn't seem fair that the mother can just quit working and then expect his father to increase the child support so she can live off of it. Plus, she moved him off to Florida (we're in Louisiana) and only told us 2 weeks before they left. It just doesn't seem fair.

 

[Ambr]

sorry about the slow response to your question, most of the regular posters took the weekend off with the kids for the holiday.

child support is so different in california. i can see that just from the posts that have been on here. you don't mention a county and i understand that CS is handled by the DA's office in California? (correct if I am wrong - still trying to locate a website for CA)

in most CS cases, you can prsent evidence that she is voluntarily unemployed or underemployed and you can adjust her income to her "potential income level". but you also presented some "special circumstances" - the youngest son with heart problems. that could be reason enough to quit and stay home taking care of the child.

you really need to become friendly with the DA that will be handling the case. you need to be able to show that she quit her job when the support order was brought up. that she has known about the son's heart condition, but that she hasn't quit her job previously and that you feel her quitting now has nothing to do with the illness of her son.

i have heard of a few cases where the step parent's income was used to establish the support. but not a lot.

her husbands income will be used when determining rather or not she receives assistance from the state. again - heart condition of the son - could be a determining factor. especially if there are high medical costs associated with it.