Jada
Platinum
Reged: 06/02/07
Posts: 3501
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Your child support isn't going to go down because she is going to school. If you are in an income share state, she will have income imputed to her based on her earnings history.
If you are not in an income share state, it doesn't matter if she is making money or not. It is based on your income. And if you voluntarily lower it, they will impute income to you, just like they will with her.
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gigi
Platinum
Reged: 11/06/06
Posts: 5178
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No, SToltz. Here's the thing. They're not telling her that she's ALLOWED to quit work or stop paying her share of whatever is owed in support to the kid. She didn't move to get support increased, she simply didn't change anythign in her own obligation to the kid. AS IF they had imputed income to her. Which is as it should be.
WHICHEVER parent decides to quit their job, sell their assets and return to school, an income will most likely be imputed to them... the same income as they had before quitting work. Whehter it's the CP or the NCP, the mother or the father. the choice to voluntarily reduce your income is almost never allowed to be used to reduce your child support obligation (or increase someone else's). This is not to say that there are not exceptions, but I'm just kind of saying what happens in general.
And I'm not saying by any means that this woman shouldn't have an income imputed to her... quite the opposite. But that the poster really has no bone to pick in the matter. In the long run, it's better for him if she gets an education and starts providing more for the kid... and way out of liine for him to think that just becasue SHE has found a way to make ends meet and return to school, that HE should do so and somehow be allowed to reduce his child support... that kind of thinking has nothing to do with concern about the well-being of the kid and everything to do with jealousy of what's going on in her life... and in fact, it seems a little petty, given that at this point HIS is the ONLY income that will be coming into that kid's life, feeding and clothing the kid.
His question SOUNDED like he thought she was doing something wrong and so he should have his own support reduced... but there is zero logic to that ... she's trying to better herself, which is not wrong. His own obligation to support the child is not changed at all by her actions, and in fact he admits that she's done nothing, her own position in relation to having to support the child is not changed either... what he's saying sounds SIMPLY like it's jealousy over her being able to do this thing, and somehow wanting to retaliate by... providing LESS for his kid?
It's not right, not something I'd expect a responsible father like you, Stoltz, would agree with!
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dkdk3434
New
Reged: 06/17/06
Posts: 8
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The two oldest will be over 18 soon. Thats another reason support should be renegotiated.
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gigi
Platinum
Reged: 11/06/06
Posts: 5178
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Fine. Renegotiate it. Her attendance at college should have no affect. Just ask the judge to attribute her previous income to her. Good for the two of you that the kids are growing up and leaving the nest so that BOTH of you will have some ease in your budgets. She is using hers to go back to school, it seems.
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dkdk3434
New
Reged: 06/17/06
Posts: 8
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Here's a little more clarity. The middle child has lived with me for 6 yrs. I didn't change cs cuz she "couldn't afford it". My fault, I know. Being a nice guy. Its just maddening that she already can earn a good wage to give the kids a better home, but chooses school again.
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gigi
Platinum
Reged: 11/06/06
Posts: 5178
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I understand it's maddening. BOY do I understand. WE've got maddening issues the other way. A woman who spends her time alienating the kids from their father, overbooking them so there's no time left for them to see thier father, and the only time my husband gets to see his own kids is when they're too exhausted from all thier actiities that they coudlnt' possibly go to another activity. And it all started because she thought she'd get a ton of money if she kept the kids.
We watch what she's spending and we can't figure it out... how she does it... it's maddening. And then we go to court and find out that she's added another hundred thousand to her debt load in the past 2 years... on TOP of her own salary of $80K and our support of $20K per year for those years, she added another hundred K onto it! And that does NOT include the oldest's college bills because we think those are being paid by his grandmother and not the mother. So she's managed to spend $300,000 in two years, and has nothing to show for it other than photos from trips to Disney & trophies from tournaments entered wehre there were no other competitors (I'm not kidding, the woman will enter ... most recently, she entered a swimming "competition", where there were about 100 kids entered and 10 "masters"... and in her own age class, there were ZERO other competitors. She has 4 brand new gold medals... woo hoo!!! THIS is how she spends her time... looking for new gold medals for herself & the kids. Our stepdaughter was recently entered into a similar competition, which took time & money to enter... and SHE now has a new gold medal for HER participation... without competitors... who LIVES like this? And WHO manages to spend $150,000 a year living like that?)
Anyways, at the rate she's spending, it looks like she'll be bankrupt by the time the kids are going to be graduating college. We figure she plans on living off them?
It's maddening! But there's a point where it becomes funny. I mean... really! SPending money to enter a competition where there is no competition JUST so you can run around telling everyone that you won a gold medal at it? GOOD GRIEF!!! We still have to send the stupid $20K a year (well, actually reduced to $18K a year last year), for another 3 years... (well, not QUITE 3 years any more)... and we know her income has gone up about $20K per year from a recent job change ... so she's spending EVEN MORE than before...
If the kids didn't spend so much time blabbing about the extravagances, about what she's been bragging about, we'd never hear about it, though. We simply listen and say, "that's nice" when they tell us about the next vacation they're about to take... and while we wonder... and are sometimes frustrated at how she can afford this stuff.
Realistically, we KNOW she can NOT afford it. She's making very bad financial decisions, but that's for her to figure out and decide.
I'm telling you this much so you can maybe figure out how to develop the same attitude. The attitude that this stuff is HER business and as long as it doesn't affect your relationship with the kids, as long as it does not affect YOUR financial situation... as long as she does not expect you to pay more than your fair share, just kind of [censored] your head & say, "huh?" and wonder how she's going to dig herself out of the hole she's digging for herself.
And consider returning to court to correct the child support formula to reflect that you ahve one of the kids, and the other 2 are graduating. expect her contribution/income to remain the same as before she decided to go back to school.
I always think it's dumb for a guy to turn down child support. Unfortunately, in our world, most men cannot get the right thing to happen regarding custody unless they offer to give a break to thier exes on the finances of it... which is so wrong I get very frustrated by that... but your'e right, when you turned it down, it was a dumb move... IF you NEEDED it.
If you dont' need it. If you can make ends meet at the status quo, then just leave it be. The fact that she's going to school wont' affect you. It is speculation on her part, an investment in her own future, the hope that she'll be able to find work that will make it a good investment for her. It's her life. Not something for you to get all upset over.
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