Volutary 90% reduction in income

[Amamsile]

What is the name of your state? MI

My ex has conveniently decided that within a few months of being named the biological father to my son that he's going to voluntarily resign is position here making approx $115k/yr and move 1/2 way across the world to a war torn 3rd world country to make $14k/yr. Can/will a judge impute his income based on the ability he has to make significantly more by staying here in the US or going to work in some other 1st world country or will they say that because he doesn't have the potential to make 100k+/yr in a 3rd world country that his support can only be calculated based on the 14k/yr?

 

[Just Blue]

What is the name of your state? MI

My ex has conveniently decided that within a few months of being named the biological father to my son that he's going to voluntarily resign is position here making approx $115k/yr and move 1/2 way across the world to a war torn 3rd world country to make $14k/yr. Can/will a judge impute his income based on the ability he has to make significantly more by staying here in the US or going to work in some other 1st world country or will they say that because he doesn't have the potential to make 100k+/yr in a 3rd world country that his support can only be calculated based on the 14k/yr?

What is the country he say's he is moving to?

 

[quincy]

What is the country he say's he is moving to?

And for what reason?

 

[Amamsile]

What is the country he say's he is moving to?

Pakistan (He's a citizen of Pakistan and is/was here on work visa) and supposedly because his mother is ill coincidentally at the exact time he's determined to be the father and will be on the hook for a lot of support.

 

[LdiJ]

What is the name of your state? MI

My ex has conveniently decided that within a few months of being named the biological father to my son that he's going to voluntarily resign is position here making approx $115k/yr and move 1/2 way across the world to a war torn 3rd world country to make $14k/yr. Can/will a judge impute his income based on the ability he has to make significantly more by staying here in the US or going to work in some other 1st world country or will they say that because he doesn't have the potential to make 100k+/yr in a 3rd world country that his support can only be calculated based on the 14k/yr?

The courts certainly can and will imput an income to him based on his current job and order him to pay child support accordingly. The problem is that if he is living in Pakistan, it will be absolutely impossible to collect from him...so the order will be useless. If he actually does that you need to be prepared to receive no child support at all.

 

[t74]

Remember a US work visa is temporary and is not guaranteed to be extended. There should be no expectation that he would be able to work in a country of other than his citizenship. He is also unlikely to make a salary comparable to that in the US. Why do you think US work visas are so highly sought after? There is no guarantee that he can ever reenter the US for work or tourism.

He also has the right to seek to take his son from the US for visitation in his home country if permitted by court order

 

[LdiJ]

Remember a US work visa is temporary and is not guaranteed to be extended. There should be no expectation that he would be able to work in a country of other than his citizenship. He is also unlikely to make a salary comparable to that in the US. Why do you think US work visas are so highly sought after? There is no guarantee that he can ever reenter the US for work or tourism.

He also has the right to seek to take his son from the US for visitation in his home country if permitted by court order

He has the right to seek it but since we are talking about Pakistan, his odds of receiving it are slim.

 

[t74]

OP wants the benefits of dad working in the US. Say dad does return for work; child support is sought, and dad receives visitation. Since duel citizenship (with USC) is permitted, the child might receive a Pakistani passport to travel. I see a possible nightmare with a child outside the country in a country in which he holds citizenship.

OP really needs to consult an attorney well versed in international (Pakistani in particular) law. She also needs to be careful of what she wishes for.

 

[LdiJ]

OP wants the benefits of dad working in the US. Say dad does return for work; child support is sought, and dad receives visitation. Since duel citizenship (with USC) is permitted, the child might receive a Pakistani passport to travel. I see a possible nightmare with a child outside the country in a country in which he holds citizenship.

OP really needs to consult an attorney well versed in international (Pakistani in particular) law. She also needs to be careful of what she wishes for.

That is a massive stretch and you are saying it only to scare this mother because you seem to hate all mothers.

 

[Just Blue]

That is a massive stretch and you are saying it only to scare this mother because you seem to hate all mothers.

 

[Amamsile]

Thank you for the advice. He wants nothing to do with his child so I'm not worried he'll ask for custody. He already told the referee that and our order has me as sole legal and physical custody. I have a good lawyer just wanted some other opinions. I'm having to decide if I take it a step further in front of judge in hopes it'll be imputed or take the referees order based on his supposed salary now. Our child has significant medical needs and deserves to get the support we all know his father can provide. Physically emotionally legally and financially but unfortunately it looks like the only one I can guarantee of those things is financially I can't make him provide the physical emotional or legal support.

 

[not2cleverRed]

Thank you for the advice. He wants nothing to do with his child so I'm not worried he'll ask for custody. He already told the referee that and our order has me as sole legal and physical custody. I have a good lawyer just wanted some other opinions. I'm having to decide if I take it a step further in front of judge in hopes it'll be imputed or take the referees order based on his supposed salary now. Our child has significant medical needs and deserves to get the support we all know his father can provide. Physically emotionally legally and financially but unfortunately it looks like the only one I can guarantee of those things is financially I can't make him provide the physical emotional or legal support.

I am curious. Did he quit his job (voluntary) or was he fired/contract not renewed?

If he quit, I would definitely push for cs to be based strictly on his past earnings. If his departure from his previous job was involuntary, his past income is still relevant.

Given what you have stated about his income, I suspect that contrary to t's comments, this is someone who have qualified for a greencard based on his employment. We are talking about someone with a proven capability to make a 6 figure salary, after all.

 

[LdiJ]

I am curious. Did he quit his job (voluntary) or was he fired/contract not renewed?

If he quit, I would definitely push for cs to be based strictly on his past earnings. If his departure from his previous job was involuntary, his past income is still relevant.

Given what you have stated about his income, I suspect that contrary to t's comments, this is someone who have qualified for a greencard based on his employment. We are talking about someone with a proven capability to make a 6 figure salary, after all.

Yes, but if he is really going to return to Pakistan it will be impossible to collect from him. Certainly the judge will make his orders based on his current income, but I do not want the OP to get her hopes up, or to spend too much money in legal fees when it won't be possible to collect from him in Pakistan.

 

[cbg]

And there is still the fact that work visas are not open-ended and he'd end up back in Pakistan eventually anyway.

 

[LdiJ]

And there is still the fact that work visas are not open-ended and he'd end up back in Pakistan eventually anyway.

This is true. Companies will sometimes sponsor a really valuable employee for a green card, but otherwise they do eventually have to go home.