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Raising CS because the recieving parent quit their job?

Posted by on Jul. 18, 2013 at 9:57 AM
  • 18 Replies

All of these CS posts have me thinking of a few other scenarios - Would it be fair, or right, to raise CS if the receiving parent voluntarily quit their job?

 

When DH and BM divorced, BM was actually making a bit more than DH. She worked there for a few more years after the divorce. About a year ago, BM quit her job. Her reason – now that she wasn’t working, she had a more flexible schedule and should have SS full time. Due to some financial decisions, she had to get another job a few weeks later. At her new job she only earned a fraction what she was making previously.

 

I guess my thought process behind this is – If CS is based on your earning potential, should voluntarily quitting your job entitle you to more child support money? In my opinion, quitting your job isn’t the same as getting laid off or fired. You choose to leave your job, and choose to change your earnings.

 

Another example would be, if one parent left their job to become a stay at home mom/dad. Should the child support go up, because the receiving parent has decided to stay home?

by on Jul. 18, 2013 at 9:57 AM
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Replies (1-10):
baparrot2
by Platinum Member on Jul. 18, 2013 at 10:04 AM
4 moms liked this

Absolutely not. It chould be computed to your earning potential. If you purposefully quit....too bad so sad.

leegirl_jm
by Ruby Member on Jul. 18, 2013 at 10:08 AM

No it would not be fair or right, I think they use earning potential in those situations.

jlg12678
by Gold Member on Jul. 18, 2013 at 12:15 PM

No. Child support shouldn't be raised because someone willingly quits their job. 

Bm tried this....and failed. In states were both incomes are computed most judges will call someone out on this. 

Rachael-Dawn
by Bronze Member on Jul. 18, 2013 at 12:29 PM
No way! The receiving person put themselves in a bind. It is their responsibility to financially deal with their own mistake, not the other party.
Leigh84
by Gold Member on Jul. 18, 2013 at 12:29 PM
When BM was the cp the last time she took DH to court for cs she quit her job 2 days before their mediation date. When they computed the cs they still counted her earning potential based on the job she had 2 days before.
Leigh84
by Gold Member on Jul. 18, 2013 at 12:31 PM
I should also add I believe she thought quitting her job would raise DH's support however; they did not raise his cs and boy was she mad.
MomGoingCrazy78
by Lindy Lou on Jul. 18, 2013 at 12:51 PM

I just recently quit my job to stay home with my kids more and not have to travel. I am not going to raise exH CS just because of it. I made the choice, so I will live with it! Best choice I've ever made though!!!

faerie75
by Platinum Member on Jul. 18, 2013 at 12:54 PM

 in my state, they would calculate it at earning potential if they voluntarily quit and had been at that profession for some time.

packermomof2
by on Jul. 18, 2013 at 1:38 PM

Mine did go up when I was a SAHM.  It wasn't because I asked for it, it was because my ex insisted his lawyer do the paperwork because the 400 he agreed to pay monthly, without a CO, and that he didn't pay every month (seemed to have an excuse not to) was too high for two kids.  

I started an inhome daycare at the time and made some money, but not what I was making before the divorce and they only computed what I was making.  Sucked to be him.

NonSMom
by Member on Jul. 18, 2013 at 2:17 PM

BM quit her job because she thought it was so horrible there then told DH "guess you'll have to pay me more CS"  THEN, not before, she went and talked to her 'people", who told her that she'd only be imputed the amount of the job she just left, or her earning potential. Now, she's without a job or more child support.  So, now she's aligning the skids towards her so she can get them back full time and get that more child support (that's the short story). So, there's always a way to get more.  

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