Force Employment

[Nurzyl]

What is the name of your state?
CA & TX

My son is 14 yrs old and I have full custody of him. We moved out of state to TX but CA has maintained jurisdiction over custody and child support because I left the state with our son without an order. We were not married, I was young and naive, and it was a total mess, but I know better now.

My son’s father has not worked for almost 10 years. He was in the military and got sick, so has been “too disabled” to work and has been paying a measly $100 per month. But he was able to go to grad school and graduate with a masters.

He has worked for the last year now but just had a new baby, and apparently he plans to take a “leave of absence” starting in October to stay home with the new baby since he claims childcare would cost him more than what his job pays working for the local school district. His wife makes a lot more money in tech, so apparently she will be the one working. They have two other kids as well, 4 & 7.

I didn’t know he was working until last month or I would’ve asked the order to be modified before, but I just requested the order to be modified. I just found out this week that he had a new baby.

Can I ask the courts to make him continue to work instead of becoming a stay at home father? Can I ask the court to make him continue providing health insurance even if he no longer works?

I recently got fired from my job and I have another child as well who is 9, and get child support for her from her dad in TX, but it’s not enough to make ends meet.

Is there a way I can get the child support order transferred to TX and ask the courts to make him pay child support through college? Apparently if our son goes to college in CA, tuition will be paid for through his father’s veteran benefits, but what if he decides to go to college in TX or a different state?

 

[justalayman]

You can ask the court to impute an income of what he could earn because he chooses to not work. The court cannot make him work but the court can impose an order based on what he could make if it’s his choice to not work.

I’m not suprised the child support for the other child isn’t enough for you to live on. It isn’t supposed to be. It it is supposed to be the ncp’s share of the costs of raising the child. You are expected to earn your own money to pay for yourself and the other share of the costs of the child.

 

[stealth2]

What is the name of your state?
CA & TX

My son is 14 yrs old and I have full custody of him. We moved out of state to TX but CA has maintained jurisdiction over custody and child support because I left the state with our son without an order. We were not married, I was young and naive, and it was a total mess, but I know better now.

My son’s father has not worked for almost 10 years. He was in the military and got sick, so has been “too disabled” to work and has been paying a measly $100 per month. But he was able to go to grad school and graduate with a masters.

He has worked for the last year now but just had a new baby, and apparently he plans to take a “leave of absence” starting in October to stay home with the new baby since he claims childcare would cost him more than what his job pays working for the local school district. His wife makes a lot more money in tech, so apparently she will be the one working. They have two other kids as well, 4 & 7.

I didn’t know he was working until last month or I would’ve asked the order to be modified before, but I just requested the order to be modified. I just found out this week that he had a new baby.

Can I ask the courts to make him continue to work instead of becoming a stay at home father? Can I ask the court to make him continue providing health insurance even if he no longer works?

I recently got fired from my job and I have another child as well who is 9, and get child support for her from her dad in TX, but it’s not enough to make ends meet.

Is there a way I can get the child support order transferred to TX and ask the courts to make him pay child support through college? Apparently if our son goes to college in CA, tuition will be paid for through his father’s veteran benefits, but what if he decides to go to college in TX or a different state?

He can't be "forced" to work, but he can be forced to support his child. However, child support is *not* supposed to "make ends meet" - you need to find a job and contribute your share of your children's support.

IF you can get the support case transferred (and you can expect Dad to argue against it), you may find that TX applies CA support guidelines. So you may want to encourage your son to look at CA colleges (public ones) or be prepared to cover costs not covered by financial aid, scholarships, loans...

 

[t74]

You got FIRED. Get another J-O-B. Why should your son get the GI benefit when he has 3 other children to support?

You admit to moving without permission to do so. You claim to be doing "better" but are doing little to demonstrate that to be the case.

 

[Nurzyl]

I have another job lined up but it won’t start until October. I know it’s not supposed to make ends meet, but I’m just trying to get my son what he is entitled to since he never sees his father anyway, and working odd jobs here and there.

My son is also entitled to the GI benefit without it taking away from his father’s other kids. But I don’t know if my son will want to go to college in CA, which is why I was hoping that his father could be required to continue supporting him through college.

Another question. My son’s father has a masters degree in public policy but only makes about $24,000 working full time for the school district (10 months out of the year). Will the courts take into consideration that his potential earning ability is higher? I’m concerned he’s purposefully picking a low paying job to skirt his responsibilities towards our son.

 

[stealth2]

Will the courts take into consideration that his potential earning ability is higher?

If you prove it, they might.

 

[Nurzyl]

When I look at payscale.com, it says average salary for masters in public policy is $67,000. Would that be proof enough?

 

[stealth2]

When I look at payscale.com, it says average salary for masters in public policy is $67,000. Would that be proof enough?

Depends on what it factors in. *I* think you're in over your head, tbh.

 

[PayrollHRGuy]

When I look at payscale.com, it says average salary for masters in public policy is $67,000. Would that be proof enough?

Not even close.

 

[t74]

What is ENTRY level not average?

You need a job NOW - not in October.

 

[HRZ]

The published averages are mere hearsay ...you have burden to prove he is willfully underemployed

 

[Nurzyl]

Yes. I’m over my head. I can’t afford a lawyer and because his wife makes $150,000 he can get a lawyer if they want to. I know it was his wife who almost found a way to reverse all child support because apparently he wasn’t served correctly during his active duty and his credit got messed up because of it, but luckily the judge let the child support lawyer fix their error and kept the order going. I’m applying for jobs daily but it’s a hard economy, and I’m trying. I just want what is fair for my son from a father who hardly sees him and who started working behind our back. I think he is not being honest about getting disability benefits either. Shouldn’t he be getting disability from the VA if he’s not able to work? Is there a way to find out if he’s lying about that?

 

[cbg]

Those websites that claim to give the average salaries for various jobs are wildly inaccurate. In both directions.

For grins and giggles, I just put my own job title and location into one of them. Huh. I WISH I earned what it says I should.

 

[torimac]

Your son may be able to go to school in TX with his father's GO benefits through the Hazelwood Act. It's not automatic, he would have to apply. https://www.tvc.texas.gov/education/hazlewood-act/

 

[PayrollHRGuy]

Your son may be able to go to school in TX with his father's GO benefits through the Hazelwood Act. It's not automatic, he would have to apply. https://www.tvc.texas.gov/education/hazlewood-act/

First this is a pretty old thread. Second what does your post have to do with this thread?