Child Support When Ex is Fired

[cal516]

What is the name of your state? Tennessee

I am currently divorced and my ex and I just lowered child support to zero based on our employment wages. However, my ex-wife recently just had her nursing license suspended. If that suspension occurred because of illegal use of or stealing prescription pharmaceuticals how will that effect child support?

 

[adjusterjack]

Well, she can't pay less than zero so it shouldn't have any effect at all.

 

[Zigner]

I just lowered child support to zero based on our employment wages.

Please explain this statement more fully...

 

[not2cleverRed]

What is the name of your state? Tennessee

I am currently divorced and my ex and I just lowered child support to zero based on our employment wages. However, my ex-wife recently just had her nursing license suspended. If that suspension occurred because of illegal use of or stealing prescription pharmaceuticals how will that effect child support?

Was this filed with the court, or not?

Would it be correct to say that the $0 cs was based on both income and 50/50 ish parenting time, and that, now that your ex-wife is unemployed, she wants child support from you?

If your ex-wife lost her job due to embezzlement, that might be considered voluntary unemployment. She chose to do something that would predictably get her fired.

If your ex-wife lost her job due to her drug use, I would be more concerned with her addiction, and would want her parenting time reduced pending her rehabilitation/sobriety.

 

[Maymee]

It's already at zero, so technically nothing would change. However, as TN's CS is based on both parents income, her loss of income could be a game changer because she's technically contributing nothing to the children's support now but being as she was fired for cause, her income would be calculated at her potential earning ability which could possible still equal zero. Question is, being as she was fired for reasons that will likely result in revocation (or at least suspension) of her licensing, can she be calculated at earning potential or would it be based on minimum wage? If the latter, you may end up owing her child support. There's too much at play here, so I wouldn't do any modification without consulting a family law attorney.

 

[cal516]

Let me add some history. I had been paying child support. When she got her nursing license our incomes became equal. So we filed to have CS modified. We also have 50/50 shared custody. Her losing her license or having it revoked just recently happened. She wants me to start paying child support again. Some of you have answered my question which is what I am thinking. If she was fired based on misconduct her income can be valued at what she was earning. To reply to another post: yes I am considering drug addiction being an issue for modification of custody.