All of these CS posts got me thinking. Is there something that I am missing? Doesn't the CP who chooses to be under or un-employed realize that CS does have an expiration date? Isn't working below your abilities and pay grade, in our case BM, just proving that you would rather live off of CS than better yourself for your future? What happens when CS stops? You still have the same crap job and a degree that will do you no good ten+ years later.
Shortly after BM went back to work after she had SS9 she had received a promotion and a hefty raise and CS was calculated on that. She requested a move back to her old department and went back down in pay willingly and went back to court to recalculate CS from that and was awarded an increase from DH. Never once did the judge mention her earning potential yet he calculated an increase a couple of years ago based on a one time bonus DH received and DH had provided an affidavit to the judge stating that it was a one time bonus but the judge counted it as earning potential.
In our situation, DH pays $1200/month in CS and goes beyond that in other expenses for SS9. DH worked full-time and went to school full-time to be able to move up at his company. BM, on the other hand, got a degree a couple of years ago and was bragging about how she was going to make so much money at her new job.....until her lawyer told her how much CS would reduce. BM opted not to take the higher paying job but to stay at her factory job instead. Again, her income was never imputed based on her earning potential. So, BM can essentially be lazy and sit and press a button for years and not aspire to anything more just because it would lower CS. I can just see the fire and pitchforks descending on any man who tried to pull the same thing. So, where's the equality and who will BM blame in the future when she isn't getting CS anymore and can't afford to "live"? In New York State CS stops when the child reaches the age of emancipation (21) or is legally emancipated (which could happen if SS goes in the military, gets married, lives on his own and financially supports himself, etc.). Given her history, I can pretty much guarantee that BM will not allow him to move out of the house until he's 21 just so she can keep collecting CS. Sad but true, even though she made her older son, now 21, move out a couple of years ago because "he was old enough to take care of himself". Of course she never got CS for him even though she tried to get it from DH for her older two when they divorced.