question-

[MrJenkins]

What is the name of your state (only U.S. law)? OH/PA

I recently found out that there is a high chance my position will be eliminated by my company 1st quarter, 2010. I have a great deal of network connections and plan to start my own business in a related field that I am in now(current company knows plans and we will not compete, so they are ok).

My child support which is through Ohio is based on my current income. If my position is cut, will that be grounds to get modification of child support. I have a feeling I will be operating in the negative for the first year based on my business plan. My goal would to get child support lowered based on minimum wage, with the understanding that if I have more money to give, then I can (which i know is considered a gift and thats ok). I just don't want to get behind and not be able to dig myself out of the hole. I would agree to revisiting child support should the company prevail. If my job is not eliminated, I DO NOT plan on leaving my current position as I am very happy with my company.

Also, I've considered saving the difference between the 2 wages and hoping for the best, but I am unsure as the best route.

If I left out anything, please let me know and I will answer.

Thanks

 

[CJane]

The problem with being self-employed and operating in the negative if you could reasonably expect to be employed with a company and not operating in the negative is that it will very often be seen as voluntary un/deremployment.

I'm very familiar with a similar situation right now where NCP is claiming to be "in the red" and wants CS reduced/eliminated. Best case scenario for him is to be assessed a wage based on DOL statistics for his occupation/location. That is what you should plan on as well - NOT minimum wage.

 

[Ohiogal]

You probably won't get it reduced to MINIMUM WAGE if you are earning substantially more than that. You will most likely be imputed some type of income though not necessarily EQUAL to what you are currently earning IF you are LAID OFF from your CURRENT JOB. If you quit to start your business, then you will be imputed with your current income.

 

[MrJenkins]

The problem with being self-employed and operating in the negative if you could reasonably expect to be employed with a company and not operating in the negative is that it will very often be seen as voluntary un/deremployment.

I'm very familiar with a similar situation right now where NCP is claiming to be "in the red" and wants CS reduced/eliminated. Best case scenario for him is to be assessed a wage based on DOL statistics for his occupation/location. That is what you should plan on as well - NOT minimum wage.

i looked on the DOL web and couln't find a link that would help me assess how much I can be expected to earn. Would you happen to know where I can find that information? I definitely am not looking to get out of child support, but I wanted to make sure I didn't get myself into a bind. Also, this information helps me with my business plan and the overall aspect as to if it would be worth it.

You probably won't get it reduced to MINIMUM WAGE if you are earning substantially more than that. You will most likely be imputed some type of income though not necessarily EQUAL to what you are currently earning IF you are LAID OFF from your CURRENT JOB. If you quit to start your business, then you will be imputed with your current income.

OG,
Currently, I earn about 2 1/2 times what minimum wage is in Ohio. I wouldn't quit my job in order to start my own business as I like my current job and I am happy with my company. I'd be really happy if my position isn't eliminated, or they can utilize me in a different department. My boss has been very forthcoming with me and let me know what to expect, so I am trying to make a back up plan.

Also, would it be possible to find out if my daughters mother is on medicaid(as she wouldn't tell me if she was) or any type of assistance? Would we still have to go through the courts for child support if the amount was agreed upon. It sounds like it could backfire, but I am trying to figure out all ideas. I went to the state and started child support to be taking out of my checks because she would send back all the checks i wrote her before I filed. We both was computed at minimum wage when child support was first established, but when I got my promotion, I notified the courts and we had a CSEA review and my support increased. I felt this was the right thing to do since I was no longer at the amount stated. (not sure if it would have been reviewed if I didn't mention it)

Also, my last question is, my daughter and my ex live with her parents. They made a verbal agreement with her that as long as she lives in their house, she would only be responsible for her cell phone bill and insurance.This has encouraged her to maintain a retail job part time. I also pay all cost for traveling 180miles each way, and lodging during my visitation.Would that have any effect on my modification? Should I even worry about it?

My theory( and I've been known to be wrong before) is that since our daughter has all her needs(housing, food, clothing, safe enviroment) this would be great time to take a chance should the situation arrise.

Can you advise what my best possible route to go would be?