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Q about child support

jpearce327jpearce327 member
in Blended Families

Is ex allowed to quit his job and then file to lower his child support (to pretty much nonexistent) just because he doesn't want to work right now? I just found out from a friend that he quit last week.

He was supposed to quit at the end of July because he was moving closer to a university and starting his degree this fall. He was going to get another job when he was there (had it lined up already), but now I'm just wondering what he is going to do for 2 months without a job. He has already mentioned filing for a lower amount.

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Re: Q about child support

  • sweetie0228sweetie0228 member

    1)  Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.

    https://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html

     

    This is the law in Pennsylvania, our CS laws are based on federal guidelines but each state's laws are different.  This one....is pretty nationally accepted but you'll want to definitely check.

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  • MrsHetzelMrsHetzel member
    In most states in New England, your CS is calculated off your imputed income. Meaning if you made 90,000 last year and you up and quit your job for a job that pays 40,000, they will still base the calculations off 90,000 because that's what you have the ability to make.

    And no judge in the world would say "yeah you're right, quitting your job when you have a child to support is ok, we'll lower your support order to make it more convenient for you."
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  • PamelacakePamelacake member
    In our state it is supposed to go by at least minimum wage if they don't work or get paid under the table so they don't have to admit it. When I paid child support they went by my income from my previous job which was above minimum wage.. but yeah.. It does vary by state.
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  • 2chatter2chatter member
    In our state they do what they want in the courts.  DH was laid off and they still made him pay most of his CS even though he waited 6 months to ask for a reduction (legally, it should have been reduced).  The reason?  BM quit her job when they divorced and she did not want to work.  Totally serious - so it greatly depends on your state.  Here, they will only impute the NCP, so take a look at the local statutes and calculations.
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  • twister22twister22 member

    It depends on where you are. We initially had CS calculated off of BD making minimum wage. Then, he got a job that was doubling that, but I never went for a higher amount. When he was fired from that job for just reason, he went for a lower CS amount, and it was granted, even though his unemployment was still more than the minimum wage CS was initially calculated off of. Oh, and he was working under the table too.

    Hopefully your county is better than mine though! 

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