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XH may be losing his job...

SimpleJaneSimpleJane member
in Blended Families

He was put on paid suspension, pending and investigation into an accident he caused two weeks ago. He was at fault, and this is the second time in a year he has wrecked a company vehicle. His boss told him when the investigators showed up that they have never sent the investigative team and not fired the employee that was being investigated. He has a meeting tomorrow morning to discuss the findings and consequences. Right now he feels like it could go either way.

 

So today he started giving me the line of "I'm never going to find a job starting out that will pay me this good of money. If I'm making less money I'm obviously going to be paying you less money". UGH.

So, how does it work? I have read some Maine CS laws that say an agreement cannot be changed for three years, and it has not even been two years yet. It was just a year in March. Nothing I've read says anything about income changes mattering. Also, if he gets fired because he is a dumbass and then takes a job at a much lower income will they likely keep him at that lower income, or go by what he has made in the past year, or his potential income (previous income)?

He carries the kids insurance too, as court ordered, so I have no effing clue what will happen with that if he loses his job either. He gets a deduction in CS for carrying the insurance.

 Any advice or knowledge would be appreciated. He has always paid on time and I have never had to fight him about money. I am getting nervous just from the way that he is talking that I'm about to stop receiving full payments.

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Re: XH may be losing his job...

  • CFjo2010CFjo2010 member

    Every State is different so you probably want to check with an attorney in your area just to be sure.  But I would think that if someone's income changes drastically before the three year mark, they can request a modification.  It might be a "suspended" modification, meaning the amount will be lowered for XX amount of time and then he's expected to find new employment.  

    And getting terminated from a high paying job and quitting are 2 different things.  Usually if the party quits their job and then gets a lower paying job, Courts will look at that as intentionally under-earning.  But getting fired and finding a new job that pays less isn't necessarily under-earning, especially if a similar position at similar pay isn't really available at the time of termination.  

    As for the insurance, can you see if you qualify for Healthy Families (that's what it's called here in CA) or some other form of low cost health insurance for the kids? 

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  • NineoceansNineoceans member
    In our state when Dh got a lesser paying job his support went down. I would expect it to go down and be pleasantly surprised if not
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  • SimpleJaneSimpleJane member
    imagejobalchak:

    Every State is different so you probably want to check with an attorney in your area just to be sure.  But I would think that if someone's income changes drastically before the three year mark, they can request a modification.  It might be a "suspended" modification, meaning the amount will be lowered for XX amount of time and then he's expected to find new employment.  

    And getting terminated from a high paying job and quitting are 2 different things.  Usually if the party quits their job and then gets a lower paying job, Courts will look at that as intentionally under-earning.  But getting fired and finding a new job that pays less isn't necessarily under-earning, especially if a similar position at similar pay isn't really available at the time of termination.  

    As for the insurance, can you see if you qualify for Healthy Families (that's what it's called here in CA) or some other form of low cost health insurance for the kids? 

     

    They do get MaineCare, because they qualify through me as low income. It just picks up copays and deductibles that their Blue Cross doesn't cover through XH. I don't know how that works. I assume I would just have to call them and tell them that they are no longer being covered under XH insurance, but I know when I got divorced I had to prove to the state that I no longer was covered under XH, which took almost 6 months for the insurance company to show MaineCare 'proof' and there was a gap in coverage. I'm praying to God there wont be a gap in coverage for the kids. I just cant afford it.

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  • karatechrissykaratechrissy member

    In our state, if income changes in either direction by 18% or more, even if the 3 years isn't up, there can be a re-evaluation

    Someone may have already said this, but I haven't read the responses. He would need to take YOU to court to have the support order changed I believe. I know that's how it works here. If we had a drastic reduction it would be up to DH to initiate court proceedings to change the amount we pay to BM. So, If he doesn't, he still has to pay you what he is ordered until he goes to the court system and files something. 

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