Underearning?

[bliss_in_texas]

What is the name of your state?Tx
Anyone have any info or experience in c/s increase due to underearning? Ex has very advanced degree and works at a low paying job only two days a week, laying about the house the rest of the week. He's had over two years to find a job in his field and still hasn't taken one.
If he was actually working to his potential, his income would likely approach 100k, enabling him to support his child over the minimul amount he contributes now. He's had time to vacation and get married but not to find a job.
Can anyone put some light on the chances of getting this income potential considered?

 

[nextwife]

My sis needed a good year to find a job in her field when she got her advanced degree from an Ivy League college a couple years ago. She took some lower paying jobs to cover the bills. But in some specialized fields, it may be very hard to find a job, or to find one in a given geographic area.

If his kids are THERE and he can't move them (obviously) he is limited to working ONLY for those employers who will allow him to stay near his kids. THAT can make finding a job in certain specialized fields much harder.

 

[bliss_in_texas]

Well bliss, putting the bitterness that is overflowing aside...

Do you know for a fact that he is voluntarily working this low paying job?

Do you know for a fact that during the 2-year period, he hasn't made a valid effort to find employment in his field?

You are aware of the economy aren't you? It isn't exactly robust (unless it's the low-paying service sector that's thriving)

So what if he got married? Ever hear of "Justice of the Peace?"

Since he's now remarried, it sounds like alot of what you're saying are assumptions.

Yes, I know for a fact that he is voluntarily working a low paying job. He's a PhD working as a bartender a couple nights a week, the rest of the time he is at home, working out or hanging out with friends.

Yes, I know that during the 2 year period that he hasn't made a true effort to get a job. He cannot produce for the court a record or listing of his attempts.

Yes I'm aware of the economy, however, medical fields are booming aren't they.

They spent a year planning the wedding, big wedding, week long honeymoon out of the country.

I asked a legal question, you assume bitterness. I don't care what is going on in my ex's world as long as he is sending the proper amount of child support. It sounds to me like someone tried to claim underearning on you and you are lashing out a me instead of providing information.
Thanks..

 

[bliss_in_texas]

My sis needed a good year to find a job in her field when she got her advanced degree from an Ivy League college a couple years ago. She took some lower paying jobs to cover the bills. But in some specialized fields, it may be very hard to find a job, or to find one in a given geographic area.

If his kids are THERE and he can't move them (obviously) he is limited to working ONLY for those employers who will allow him to stay near his kids. THAT can make finding a job in certain specialized fields much harder.

He has already told me that he's looking for a job in other states. He's been in the same low paying job, food service, for seven years. There is really no excuse to not take a better paying job, even if it's in a field that doesnt exactly match. The man claimed 13k last year. 13k. His brand new wife makes almost 40k, which doesn't matter, I know, but obviously she's supporting him. Fine, that should give him more time to find a obtain a job. Most PhD's begin looking for a position their last year in school. Let's assume that he did..it's now been almost three years. He won't look at academia, even though that would be a secure, good paying situation, he won't go anywhere cold, he just doesn't "want" to live where it snows. Our child and his location mean nothing to my ex, it makes no difference to him where the child is, he's going to do what he wants.
The question is........can the potential be used, anyone would have to agree that he's had plenty of time to find a better paying job. I want to know because I believe that my son deserves better than what I can give him alone. Dad should be helping out, if not as a presence, at least financially.

 

[username43]

It might help if you have an attorney consultation and ask about modification. It is a drawn out process and can get expensive but, I have heard that the child support guidelines take into account earning ability . If he is healthy and has a Phd in the medical field ,I wonder why he hasn't found work yet..If he wants to.There are hospitals, and teaching hospitals within about 30 miles of every location any more.I agree whole heartily that your son deserves the best his dad can give. Most attorney consults are free. Also have you contacted the CSE , Your case may be eligible to be modified through this dept.Good luck to you.

(I didn't think you sounded the least bit bitter in your post.)

 

[BelizeBreeze]

He has already told me that he's looking for a job in other states. He's been in the same low paying job, food service, for seven years. There is really no excuse to not take a better paying job, even if it's in a field that doesnt exactly match. The man claimed 13k last year. 13k. His brand new wife makes almost 40k...

You've GOT to be kidding. I wouldn't even wipe my butt for less than $100,000 on a 1099.

Come to think of it, I pay my programmers more than that. I need a raise.

 

[bliss_in_texas]

You've GOT to be kidding. I wouldn't even wipe my butt for less than $100,000 on a 1099.

Come to think of it, I pay my programmers more than that. I need a raise.

heehee, thats funny.
But seriously..have you heard of any successful cases of this? I work, I raise my children, I go to school (I left school when he and I were together because one of us had to be the breadwinner and his degree was just too important for him to stop). I don't make much money but hope to do much better for my family when I do finish school (a little over a year). He's got the degree, he's go the time, he's got the resources and he has a son to support. My information is correct and I don't see any possible excuse for him to give a judge except that he's lazy.

 

[bliss_in_texas]

It might help if you have an attorney consultation and ask about modification. It is a drawn out process and can get expensive but, I have heard that the child support guidelines take into account earning ability . If he is healthy and has a Phd in the medical field ,I wonder why he hasn't found work yet..If he wants to.There are hospitals, and teaching hospitals within about 30 miles of every location any more.I agree whole heartily that your son deserves the best his dad can give. Most attorney consults are free. Also have you contacted the CSE , Your case may be eligible to be modified through this dept.Good luck to you.

(I didn't think you sounded the least bit bitter in your post.)

Thank you for being informative and helpful

 

[bliss_in_texas]

BZZZT! Wrong! Thanks for playing though.

It's easy for an ex to put emotions in responses. I'll repeat (and you just backed it up AGAIN in your last post) -- you are assuming. You don't know for a fact.

Also, whether he got married by the Justice of the Peace or had an extravagant wedding ceremony and where he honeymooned has no bearing on this at all. Parents pay for the wedding and reception. She might have paid a good chunk of their honeymoon or maybe they did that well in $$ as gifts. Which is none of your business.

And no, not all medical professions are booming. Again, just because someone has a degree it's not an automatic guarantee they can find a job in their respective field. That IS a fact. Look at all the college grads out there that still have to wait tables and bartend and do other SERVICE SECTOR JOBS until they can start their career.

"Most PhD's look for a job in their last year"? So does everyone else about to graduate. Most places will not hold a position for you for a year. That is fact as well. There are dozens of other applicants who can start tomorrow who are just as -- if not more -- qualified.

If he's been unable to show proof that's he been looking, then they *might* use his salary from before. What you should do is file for modification and see where it gets you.

BTW...tossing out assumptions in the hearing will fall flat on its' face unless you can back it up.

hmm, can't pay child support, won't see his son because he doesn't have time yet he has time to get married and honeymoon. Not relevant? Hmm, seems relevant to me.
And with three degrees, I would bet you all the money YOU make that he can find a better paying job than one that he only works two days a week.
A year, sure, I gave him that, no problem. Find a job. Two years, well, why haven't you found a job yet, it doesn't make sense..Three years..get real and get off your tushy and get a job!

 

[VeronicaGia]

He has already told me that he's looking for a job in other states. He's been in the same low paying job, food service, for seven years. .

He has set a precedent. He's been doing the same work for 7 years. It's not like he quit a $100k/year job to do this right before the support order took effect.

You can certainly try to have his earning capacity imputed, but he's never earned that much (at least not in the last 7 years) so it may be very hard to do.

 

[bliss_in_texas]

He has set a precedent. He's been doing the same work for 7 years. It's not like he quit a $100k/year job to do this right before the support order took effect.

You can certainly try to have his earning capacity imputed, but he's never earned that much (at least not in the last 7 years) so it may be very hard to do.

He's set a precedent? No, he didn't have a 100k a year job. He was finishing his PhD. With the goal of getting a 100k job, it's why he went to school for 12 years. So you are saying that since he's been in the same dead end, low paying, two day a week job, I should get used to it?
Come on...12 years of school and 2.13 an hour?

 

[Silverplum]

Yep, that's about right. The CS is calculated upon actual earnings in the past.

 

[spig410]

I am in Oregon. I don't know if the way they calculate in TX is the same, but...

My husband is self employed. He organized his business in such a way as to allow him to be at home with the children the 50% of time he had them. (Pays other people to manage business etc...) When his ex took him to court because she wanted to move away and get full custody her attorney petitioned the court to set child support based on a potential income they estimated at more than 100% more than what he was making. (actual income about 32k.) Although she won the move away and custody, my husband was given visitation that requires him to travel 6 hrs round trip every wednesday and every other friday (as well as caring for the children every other weekend and half of all long breaks and summer). The judge adjusted child support to reflect approximately 40K (32k actual, 8k potential). She would not go further than that because of a combination of what his earnings in the past had been, his education level (BA in theatre), and the fact that she couldn't ask him to find a regular job working full time and simultaneously ask him to show up for a visitation schedule which would prevent it.

So in answer to your question, yes it can happen, but they can base the amount on many different factors.

 

[Silverplum]

The pets are upset!

 

[spig410]

The pets are upset!

Sorry.....(was it something I said???)