Child Support Question

[l_x]

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

The last time I got a promotion and raise at work, the mother took me back to increase child support. The judge calculated the support with my full income and her part-time income. Now, she just told me that because of the economy, she have been demoted and her hours have been cut. What will happen if she take me back to increase the support?

 

[Gracie3787]

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

The last time I got a promotion and raise at work, the mother took me back to increase child support. The judge calculated the support with my full income and her part-time income. Now, she just told me that because of the economy, she have been demoted and her hours have been cut. What will happen if she take me back to increase the support?

What is the reason for her demotion?

Why hasn't she been working full time before this?

 

[l_x]

She says it's because of the economy and the company is cutting cost. She has not worked full time since the divorce. She lives with her parents and doesn't pay any housing expense at all.

 

[nextwife]

She says it's because of the economy and the company is cutting cost. She has not worked full time since the divorce. She lives with her parents and doesn't pay any housing expense at all.

She should have been imputed a full time income back then.

 

[CJane]

She should have been imputed a full time income back then.

Not necessarily.

 

[Gracie3787]

She should have been imputed a full time income back then.

Possibly, but since the OP did not answer my question as to why the ex is not working full time, we may never know if the imputation should have been done or not.

 

[l_x]

Possibly, but since the OP did not answer my question as to why the ex is not working full time, we may never know if the imputation should have been done or not.

I'm sorry I missed your question. She works at a fast food restaurant and she works what ever hours they give her. Some week, she'll work 35, some week 30, some week 20, so the judge imputed her income at 30 hours. She is capable of working full time but just not willing to find full time work. I made that point to the judge too but the judge still imput her income at 30 hours.

 

[CJane]

I'm sorry I missed your question. She works at a fast food restaurant and she works what ever hours they give her. Some week, she'll work 35, some week 30, some week 20, so the judge imputed her income at 30 hours. She is capable of working full time but just not willing to find full time work. I made that point to the judge too but the judge still imput her income at 30 hours.

A judge typically will only impute an income if they find that the person is willfully un/der employed. Obviously that wasn't the case here. Also, it's unlikely that another 10 hours/week would have made a dramatic difference in what she was ordered to pay, and that will come into play as well. So will her education, her work history, whether or not she's working shorter hours to cut down on day care expenses, etc.

There is not automatic imputation of full time work, not matter how many times you read here that it "should" be.

 

[Nocgirl]

I do not see how mom has any grounds for an increase. She can get 2 part time jobs or a full time job. Everyone one is having a hard time right now. The fact she lives with mommy and daddy should be considered too.

 

[LdiJ]

I do not see how mom has any grounds for an increase. She can get 2 part time jobs or a full time job. Everyone one is having a hard time right now. The fact she lives with mommy and daddy should be considered too.

Legally that is not considered in a child support calculation. A judge might possibly take that into consideration if someone was asking for a deviation from the guidelines, but the payor would have to have some fairly extraordinary circumstances to warrant a judge deviating from the guidelines.

 

[l_x]

Thank you for all your replies.

I was just worry because she received an increase with her living with her parents and working only part time (and of course, my income also increase due to a promotion and raise). She doesn't have any expense except just for her cell phone and probably car insurance. I have expenses like every household.

 

[Artemis_ofthe_Hunt]

Thank you for all your replies.

I was just worry because she received an increase with her living with her parents and working only part time (and of course, my income also increase due to a promotion and raise). She doesn't have any expense except just for her cell phone and probably car insurance. I have expenses like every household.

I'd like to point something out. Just because she lives with her parents and is only working part time means about squat IMO. I live with my mother and pay a monthly amount towards the household ON TOP of my own expenses. I pay for daycare full time, vehicle, insurance etc. Just because she is living with her parents doesn't necessarily mean anything more than just that. Your ex also, more than likely isn't paying daycare on a full time basis either. So, increasing her hours would ALSO increase her expenses.

Having said all of that, it doesn't necessarily mean that just because she's working less would mean that you would be paying more...

 

[l_x]

I'd like to point something out. Just because she lives with her parents and is only working part time means about squat IMO. I live with my mother and pay a monthly amount towards the household ON TOP of my own expenses. I pay for daycare full time, vehicle, insurance etc. Just because she is living with her parents doesn't necessarily mean anything more than just that. Your ex also, more than likely isn't paying daycare on a full time basis either. So, increasing her hours would ALSO increase her expenses.

Having said all of that, it doesn't necessarily mean that just because she's working less would mean that you would be paying more...

She doesnt pay any daycare cost. When child was still a baby, either her parents watch child or my aunt does for free (during her care). Now, child is in school 8am-4:30pm M-F.

I just have some concerns thats all.