CP won't Work

[stepmom65]

What is the name of your state?California

My Husband's Ex hasn't held a job in 3 years. Apparently, the welfare and child support she's collecting is keeping her from becoming homeless, which is fine with her. She's now asking for a modification increase...based on no income on her part.

In the divorce documents filed in 1999, it states "that both parties must maintain full time employment, father to provide full medical/dental coverage (which he has done so) and both parents to pay 50/50 of non-covered expenses (deductibles, co-pays, perscriptions, etc), which after sending many letters and receipts, he's received zero reimbursement.

I've read that a seek work order can be ordered for a non-custodial parent...however, what about the parent receiving Child Support and refuses to work. Can a Seek work order be done on them??? How exactly is this enforced. I believe people have to respond with employer names/phone numbers, etc. but do the courts really followup on whether people respond to the seek work orders and if they have truthful information????

Please advise.

 

[sp66]

Dazed and confused

We had a simulair thing happen to us. SHe didn't work for almost a year and was evicted out of her home on the holidays went and lived with her parents.
We tried to Change sustody order and the judge said as long as she has a roof ove her head he wasn't going to move the child. You can file the order to get her to get employed but it 's a long process. Would't she be mad if your husband did't work and she didn't get her support Some people just don' get that it takes two people to work together top make thing work.good luck

 

[nextwife]

What would these women live off of if they hadn't had a functioning uterus?

 

[LdiJ]

What is the name of your state?California

My Husband's Ex hasn't held a job in 3 years. Apparently, the welfare and child support she's collecting is keeping her from becoming homeless, which is fine with her. She's now asking for a modification increase...based on no income on her part.

In the divorce documents filed in 1999, it states "that both parties must maintain full time employment, father to provide full medical/dental coverage (which he has done so) and both parents to pay 50/50 of non-covered expenses (deductibles, co-pays, perscriptions, etc), which after sending many letters and receipts, he's received zero reimbursement.

I've read that a seek work order can be ordered for a non-custodial parent...however, what about the parent receiving Child Support and refuses to work. Can a Seek work order be done on them??? How exactly is this enforced. I believe people have to respond with employer names/phone numbers, etc. but do the courts really followup on whether people respond to the seek work orders and if they have truthful information????

Please advise.

Its not that the judge can force her to get a job. Its that the judge may "impute" an income to her if she is not working. In this case, if a judge were to impute an income it would probably be 40 hours a week a minimum wage.

I would like to make a point that you may not have considered. If she works, there will be child care costs for the kids. Your husband would be responsible for 1/2 or more of those child care costs. Therefore, in all reality, his child support (because of the child care costs) might be even HIGHER with her working, than any amount she is able to collect now.

People often forget that in these types of scenarios.

 

[haiku]

Its not that the judge can force her to get a job. Its that the judge may "impute" an income to her if she is not working. In this case, if a judge were to impute an income it would probably be 40 hours a week a minimum wage.

I would like to make a point that you may not have considered. If she works, there will be child care costs for the kids. Your husband would be responsible for 1/2 or more of those child care costs. Therefore, in all reality, his child support (because of the child care costs) might be even HIGHER with her working, than any amount she is able to collect now.

People often forget that in these types of scenarios.

and don't forget,some states don't take the cp income into account at all, or not until they make a certain amount anyway.....

 

[VeronicaGia]

and don't forget,some states don't take the cp income into account at all, or not until they make a certain amount anyway.....

CA does take the income and visitation of both parents into consideration. Our poster could use case law, such as "marriage of Labass" to ask the court to impute income to the CP. However, if the NCP has no visitation to figure into CS, this may not make a difference.

Welcome to our world poster. CP has been a professional student since age 17, is 33 and lives with her mom. In fact, she still gets an allowance from her rich daddy. She has a few degrees and is going for another one. Why work when mom, dad and CS can pay for everything?

 

[haiku]

Welcome to our world poster. CP has been a professional student since age 17, is 33 and lives with her mom. In fact, she still gets an allowance from her rich daddy. She has a few degrees and is going for another one. Why work when mom, dad and CS can pay for everything?

every time I write that support check , I wish I could have planned as well as my husbands ex did, too! When the gravy train crashes its going to be YOOGE..... LOL....

 

[VeronicaGia]

every time I write that support check , I wish I could have planned as well as my husbands ex did, too! When the gravy train crashes its going to be YOOGE..... LOL....

My guess in our case: She's hoping to marry a rich man. I won't say what she's currently going to school for, but the profession does have some very well off people. I doubt she's even very interested in the profession itself, just the rich sugar daddy's in the field.

I pity the fool who marries her.

 

[haiku]

My guess in our case: She's hoping to marry a rich man. I won't say what she's currently going to school for, but the profession does have some very well off people. I doubt she's even very interested in the profession itself, just the rich sugar daddy's in the field.

I pity the fool who marries her.

ours just plows through assorted winners until thier accounts run dry, then she lines up the next prospect before she dumps the first one, its a fascinating train wreck to watch....if the collateral damage wasn't my family...LOL

 

[Phnx02]

A CP parent cannot recieve both cash welfare and child support at the same time. If a CP gets cash welfare, then what the NCP pays for CS goes to the state to help defray the cost of (her) distributed benefits. If the welfare is not cash benefits, but rather something like food stamps, then if her income even with the CS payments is low enough, she can receive both.

How much does your husband pay in monthly CS? If it's upwards of $900 a month, then yes, she very well could be living off this alone - although this is still poverty for a 2 person household. If it's not that much - like the average of $300-400 a month, then you and your husband are hardly paying for EVERYTHING, let alone covering her own personal costs too. Not only is raising a child a full-time job in itself, it takes more than a few hundred dollars a month to raise a child. Shelter, food, clothes, daycare, gas in the car to get to school -daycare - or just gas to get to the store to buy food, school lunches, field trips, extra-curricular activities, B-day parties, toys, haircuts, hygiene products such as shampoo & soap - the list is endless. If you add all this up, $300-400 a month probably covers about half.

Again, if your paying $1,000 or more and the woman doesn't work - then that's one thing, but if you're paying way less than this....you're just paying your share according to income, and feel good that this contribution to your child is providing HER a half-way decent life - something she probably wouldn't have otherwise for having such a deadbeat, lazy mother. It's the child that matters - not the ex.

 

[Daero]

well what if your husband is paying CS and the child lives most of the time at a grandparents house or something . I think women like that should be FIXED so they can't do that to neone else again.
Dawn

 

[stepmom65]

State: Calif.

How much does your husband pay in monthly CS? If it's upwards of $900 a month, then yes, she very well could be living off this alone - although this is still poverty for a 2 person household. If it's not that much - like the average of $300-400 a month, then you and your husband are hardly paying for EVERYTHING, let alone covering her own personal costs too. Not only is raising a child a full-time job in itself, it takes more than a few hundred dollars a month to raise a child. Shelter, food, clothes, daycare, gas in the car to get to school -daycare - or just gas to get to the store to buy food, school lunches, field trips, extra-curricular activities, B-day parties, toys, haircuts, hygiene products such as shampoo & soap - the list is endless. If you add all this up, $300-400 a month probably covers about half.

My husband pays $850 every month for 2 kids, pays $100 every month for full medical/Dental coverage. Pays $400 every month for his own daycare costs. He has 50/50 custody and we have the kids 15 days every month. He pays for all school expenses, activities, after school/weekend sports, all clothing, perscriptions, etc, birthdays, Xmases, school lunches/field trips, etc... She tells the kids to "make their dad" pay for whatever it is they are asking for... He pays for these things because he loves his kids and knows that without the extra activities in their lives, they would be just hanging out in front of her run-down government project housing development. He wants full custody, but his attorney stated that we don't have enough on her to win. As long as she has a roof over their head and there are no proof of abuse, we can do NOTHING!!!

Is there a group, website or program that he can write to so California laws can "actually" protect our kids?????