SS dropped a bomb on me today

HisChamaoleGirl · June 2013

I picked up SS from summer camp a few minutes ago and randomly he says "my mom doesn't work anymore. She just goes to school." I knew she was going back to school bc she asked me to have SS call her at a specific time so she could talk to him before going to class. However, I didn't know that meant she quit her $12/hr job. SS said that his grandmother is going to pay the bills for BM. Even though SS is 9yrs old I don't doubt that this conversation takes place. BM and SS have more of a friendship than a child/adult one and he has say in a lot of the decision making in their home.

I'm concerned bc it is almost time to reevaluate CS and I'm wondering if this was planned on her part. Based on her income and DHs income she is responsible for about 20% of the CS amount. I wonder if now DH will be responsible for this. But she quit her job so maybe not? According to their CO when its time to reevaluate CS they are to submit pay stubs to one another. DH is thinking of asking her now for it to see what she says.

CFjo2010 · June 2013

Every State is different, but generally if a parent voluntarily quits their job the Court can (and often will) make a CS order reflecting that parent's prior income, or at least full-time minimum wage. While going back to school is wonderful and I commend people for doing so, it's just not fair to expect the other parent to pay more or receive less. The child shouldn't be under supported due to one parent's decision to go back to school. Have DH start looking into what the law is in your area regarding income calculations.

HisChamaoleGirl · June 2013

jobalchak:
Every State is different, but generally if a parent voluntarily quits their job the Court can (and often will) make a CS order reflecting that parent's prior income, or at least full-time minimum wage. While going back to school is wonderful and I commend people for doing so, it's just not fair to expect the other parent to pay more or receive less. The child shouldn't be under supported due to one parent's decision to go back to school. Have DH start looking into what the law is in your area regarding income calculations.

I'm just watching the clock tick and going to make the call once its not early am at the child support agency. The only documents they list online with guidelines is a few years old.

DH had mentioned before that with our move his income went down (military allowances based on location) and she received a pay raise around the same time. He asked if she was willing to make the modifications at that time and she said no. Well, now its the time frame of it being allowed in court so that's what makes me think it was a planned move.

SimpleJane · June 2013

I'm not sure. I think at the very least they would input her at minimum wage. I was in school FT when I divorced and they imputed me at min wage when Xs lawyer requested it. I could have fought it considering XH and I had made the decision together for me not to work and go to school, but I didn't. I don't think she would have any good reason to tell a judge why she shouldnt be inputted some income.

HisChamaoleGirl · June 2013

SimpleJane:
I'm not sure. I think at the very least they would input her at minimum wage. I was in school FT when I divorced and they imputed me at min wage when Xs lawyer requested it. I could have fought it considering XH and I had made the decision together for me not to work and go to school, but I didn't. I don't think she would have any good reason to tell a judge why she shouldnt be inputted some income.

I don't think she'd have a reason either. This was a job she's had since 2009 and before she worked and went to school. I don't see how it makes sense to quit your job and have zero income and hopefully a judge agrees.

carebear939 · June 2013

We are in the same boat. BM quit her job 2 weeks ago. She is behind on CS and owes us about $500 for medical costs, which DH and BM are supposed to split. Also now that she isn't working she thinks she should have more time to spend with SD since DH is really spending time with her while he works. The situation sucks and I hope it works out for you. I agree I wouldn't see a judge allowing her to slack on her parental obligations, even to go back to school.

FeliciaSW · June 2013

My husband's ex quit her job 2 weeks before the custody hearing and enrolled in 1 hour/ weeks class. We ended up paying 2.2k a month in CS because she had no job and she wanted 80custody since "she could spend more quality time with him!" She purposely did it and actually got away with it for about 10months! She is such a C! Finally though the court system finally caught what she was doing because she was also claiming welfare and using the GI bill so she was getting welfare, 2.2k from us, and 2k a month from the GI Bill!!!! But finally like I said the courts caught it and no we don't EVER have to give her a dime for CS! Oh and one more thing... The kid was in daycare MF 6am to 5pm. Like I said a lazy C?!!!

If I were you, I would be really scared about her using the system and trying to milk you for everything she can. Bad news is there is really nothing you can do about it. Sorry and good luck.

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