Custodial Parent Quits Job

[Juan Rodriguez]

Florida

Custidial parent voluntarily quit job after the divorce was final. CP accounted for 57% of the combined income for support guidlines for two children. The support payment was not deliniated, so that a modification was required once each child reached legal age. Per the divorce decree, each parent was required to pay for college expenses based on the % of income at the time each child began college.

CP sent a letter to NCP prior to quitting explaining that a recent marriage had improved the families financial situation which allowed CP to not work.

In a case management conference the judge indicated that the NCP may not be able to inpute the CP's previous income in the same way that it is required if the NCP quit a job in an attempt to defeat support payments to the CP. The effect would be that the CP would have zero income.

Not only would the NCP have to pay more support for 1 child than previously for 2, but would have to pay for 100% of the college expenses. Forgetting for a moment whether it's fair or not is this a correct assumption by the judge?

So far the only case law found deals with the NCP's obligations. Any pertinant citations or advice on where else to look would help.

 

[smh33]

Little more info...

is CP going to file for support increase? based on CP's 0 income?
Has CP ever worked? How recently, and how long employed?
What was the original support order based on...what was CP's income.....how old are children?

 

[Juan Rodriguez]

The children are 18 & 14.

CP has filed for an increase in support and a decrease in visitation. Currently NCP has a visitation schedual 0f 45% on the minor childs time. Florida law considers this a significant time and lowers support amounts based on the time a child spends with NCP over 40%.

NCP has filed for a modification to drop the 18-year-old from the support requirement and has filed for enforcement of the provision which requires each party to pay their share of the college cost. CP currently refuses to pay any costs associated with the major child.

CP worked for 15 years and voluntarily quit in 1998, while earning a $54,000.00 salary. CP's most recent financial affidavit states monthly net income at $213.00 on earnings from dividend payments.

CP's motion states that CP is un-employed and that CP needs to stay home to raise the 14-year-old. That contradicts a letter CP sent NCP stated that CP never needed to work because CP's new spouse was independantly wealthy and does not work either. The letter does not mention staying home to raise the child, then only 11.

The support order was based on a 57/43 salary ratio, with the CP earning the greater amount.

 

[smh33]

1. Increase support & decrease in visitation conflict each other. Decrease cannot be used as cause for modify until the decrease has been granted. Most states address support in separate hearing from custody/visit issues. Also what is important is that when the support order/agreement was put in effect CP was employed and that was used as basis for agreement. Had CP not been employed perhaps the college expense issue would have been different. If college $ is addressed as continuing support by your order, as in the school cost would be paid monthly,set amount to state just like support, to ask to drop 18 yr yet pay college is also conflicting request. You are the payor, you should be the one filing to relieve payment. Because support is such opininated area & biased, I think a lawyer would be worth the expense.
ANCPR.ORG would be good start to look for case law...also read florida laws on support...think chapter is 61????Clearly states that BOTH parents have obligation and that if CP has been employed & quits vol., support will be figured on imputed income. Let's face it, at 14..staying home mom is not going to change or affect alot & isn't child in school until 2 or 3pm...staying home for what? If you have the letter, much is in your favor...