CP quit her job to raise my child support

[Pony1]

Hi, I'm from CA.

I was never married and the CP and I share legal custody of our daughter. I let her have sole physical custody. I have our daughter about 30% of the time and my child support is set. I think I am about to be served because she quit her job and is about to have another baby. I don't think it's fair that she can just quit her job and raise my child support. She has a financial obligation to our daughter as well as me. She will say that she needs to take care of the new child now...but I hope the judge says, "Why would you have a new child if you couldn't already afford it?" I'm sure if I quit my job, any judge would see it as me trying to get out of paying child support, but why doesn't that same logic apply to her? Or does it? Would a judge find it odd that she has permanently stopped working, (not just maternity leave, she quit), expecting me to pick up her slack so she can do whatever she wants? Any advice? Any similar experiences? Any thoughts?


Thanks.

 

[vaportrail]

Welcome to my world! I'm about to go to court for custody of my daughter and my girlfriend and I were never married. The sad thing is that she basically refuses to work so she can collect SSI from her son from a previous marriage who has a disability. And I know I'll be the one stuck paying child support and every pretty penny I own from TWO jobs all because the lazy mom refuses to work. I'm hoping the judge will look at my situation and see how hard I work to support my daughter and grant me full custody. But I know it won't happen because I have to go to court in Ohio and the courts in Ohio always favor the mother no matter how hard daddy is working and supporting the child. It's a bunch of crap, wouldn't you agree?

 

[grandpabri]

Run, don't walk, to the nearest lawyer...

I am waiting for the judges decision on this very matter. Except I am the CP and the stbx wife is the NCP.

I won't get into all of the intricacies (sp?) of the law, however California law states very clearly that both parents must support the children to the best of their ability. And subsquent case law has found that there is not really any good reason for quitting your job voluntarily. The problem is getting the judge to order it, especially on a woman.

This is probably to complex an arguement to make without legal help. I had a lawyer draw up the papers, although I represent myself in court.

Good Luck

 

[dorenephilpot]

The court cannot force her to work, but it can "impute" or assign income to her in terms of the child support figures that would have the same effect on the numbers as if she worked.

 

[scumcoast]

In Fl. they would not consider modification of the order based on someone quitting their job. Changing ordered amounts are usually based on long term unavoidable changes and/or permanent disabilities from performing the same rate of pay work field. Wish you luck

 

[shanney27]

Is she married or cohabitating with someone (the father of her STB child)? This could be a case in CA where the court in it's discretion could take into consideration her partner's income. If she is planning on living off of this persons income to stay at home with her child a judge could decide to use his income. See the below statute to further explain(section b is what I am refering to). Also it does seem that there would be other criterion as well (ie a hardship to your child and they could claim a hardship for other children in the household) or like the other poster said the court could input an earning capacity for her since she is choosing not to work. In any case, if she serves you with papers, you SHOULD seek an attorney's counsel. Good Luck!

FamC § 4057.5 "(a)(1) The income of the obligor parent's subsequent spouse or non-marital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor's subsequent spouse or non-marital partner.
(2) The income of the obligee parent's subsequent spouse or non-marital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligee or by the obligee's subsequent spouse or non-marital partner.
(b) For purposes of this section, an extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse's income.
(c.) If any portion of the income of either parent's subsequent spouse or non-marital partner is allowed to be considered pursuant to this section, discovery for the purposes of determining income shall be based on W2 and 1099 income tax forms, except where the court determines that application would be unjust or inappropriate.
(d) If any portion of the income of either parent's subsequent spouse or non-marital partner is allowed to be considered pursuant to this section, the court shall allow a hardship deduction based on the minimum living expenses for one or more stepchildren of the party subject to the order."