Child Support Modification

[JohnnyWalker2020]

What is the name of your state? Wisconsin

Ex-wife and I have 50/50 physical placement of one child. I was making about $73,000 per year and paying her about $430 a month in child support plus 50/50 of everything else.

Position at my company was eliminated last month and I was given 2 months severance so it ws an involuntarily reduction in income, I'm already approved for unemployment when the severance is done. There is no comparable positions in the area for that pay; per my research median income for my industry/degree (Associates) is around $48,000. I've applied for 20 jobs of varying pay ranges between $17-$22 per hour and haven't heard much back. Her income went up since the last order, so even if the court imputed me at $50,000, per the DCF 150 calculation with her income I would owe her roughly $90 per month.

So I offered her $100 to settle it out of court and she's refusing, saying the Child Support Agency told her my circumstances don't matter because I was making $73,000 per year for the past 3 years. We're serving her and taking her to court next month, but curious what your take on her stance is. Am I really supposed to find a job at $73,000 a year when none exist in my industry with my degree or qualifications just because I happened to luck onto one at one company (and now it's gone)?

 

[Zigner]

We're serving her and taking her to court next month...

Who is "we"?

EDIT: Also, never take legal advice from your ex.

 

[JohnnyWalker2020]

My attorney. My ex refuses to get one; three weeks ago she told me she was broke and couldn't afford to fight me and when she refused my offer it was "I don't need your money to pay for this house."

 

[LdiJ]

What is the name of your state? Wisconsin

Ex-wife and I have 50/50 physical placement of one child. I was making about $73,000 per year and paying her about $430 a month in child support plus 50/50 of everything else.

Position at my company was eliminated last month and I was given 2 months severance so it ws an involuntarily reduction in income, I'm already approved for unemployment when the severance is done. There is no comparable positions in the area for that pay; per my research median income for my industry/degree (Associates) is around $48,000. I've applied for 20 jobs of varying pay ranges between $17-$22 per hour and haven't heard much back. Her income went up since the last order, so even if the court imputed me at $50,000, per the DCF 150 calculation with her income I would owe her roughly $90 per month.

So I offered her $100 to settle it out of court and she's refusing, saying the Child Support Agency told her my circumstances don't matter because I was making $73,000 per year for the past 3 years. We're serving her and taking her to court next month, but curious what your take on her stance is. Am I really supposed to find a job at $73,000 a year when none exist in my industry with my degree or qualifications just because I happened to luck onto one at one company (and now it's gone)?

You position was only eliminated a month ago. Its possible that a court might consider it a bit early to claim that you cannot find a new job somewhat close to your original pay level. Your income has not actually reduced yet. Although, if you haven't found a job by the time that you get your court date, your severance may have run out and you might have a reduced income by then.

I would guess that the child support agency would not recommend that she "settle". They tend to want the calculations to be officially done and court orders made.

 

[JohnnyWalker2020]

By the time we go to court next month the severance will be done and child support has already moved to intercept my unemployment. So out of the roughly $1200 a month I'll get after taxes, they already want to take $430 of it.

It'll be 2 1/2 months and ironically, the current child support obligation is making me look for jobs I probably won't get due to lack of qualifications or education, but also sometimes not applying for jobs I am qualified/educated for because the pay isn't enough to meet even the $50,000 threshold. I'm not looking for jobs that only pay $12 an hour. The pay range for my experience and education is $17-$24 an hour. The previous job was a fluke and the position doesn't exist outside of that company; from what I can find the closest comparable position the median average around here from 3 different sources is $49,000 per year. Except there's no companies hiring for that position either around here.

I'm just baffled at her stance but then again, I took her back to court 2 years ago for 50/50 physical placement and she fought it until almost the court date and then she caved (and she had an attorney then). She just seems cockfire sure that since the CSA told her I made $70,000 or so the past 3 years that it's end of discussion.

Either way, thanks for your response. I appreciate it.