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Child support when the op is intentionally underemployed

Posted by on Apr. 13, 2014 at 10:11 PM
  • 36 Replies

NCP is willfully underemployed.  Has college degrees and chooses to live at home with their parents and work a part time minimum wage job instead of seeking full time employment to the extent that their degree allows.  NCP reported their income at approximately $1,500 for the YEAR when child support was established.

CP works full time and is well established in their field.  Does not rely on familial support, owns a house, and other assets.  CP reported income at approximately $85k for the year when child support was established.

So, when the NCP and the CP went to court for custody CP held child support in abeyance to give NCP some time to get settled.  NCP moved to another city following the separation, and CP felt that it was in everyone's best interest to give NCP some breathing room during the transition.  CP did not pursue child support until three years post divorce.  In court the moderator based child support on CP's income and used the absolute minimum for NCP's income.  NCP reported income at well below minimum wage, but the state that child support was established in did not allow for less than minimum wage x 30 hours per week.  The moderator suggested that CP take it before the judge but CP did not want to make the situation any more contentious that it already was.  Child support was established at $120 per month with CP providing insurance and splitting the out of pocket expenses 50/50.  Custody is every other weekend and four weeks in the summer.  

7 years later NCP still works the same part time job, still does the absolute minimum.  NCP does not pay their portion of medical or dental expenses, and often makes demands that CP should provide expensive extras for the child (electronics and that sort of thing).  NCP is minimally involved with the child, does not accept parenting responsibilities.  

The question:  Would it be unkind or unreasonable to take this case back for a reassessment and ask that child support be based on NCP's earning potential?  The cost of raising the child increases as the child gets older, and the current child support barely covers travel expenses to get the child back and forth for visitation with the NCP.  

by on Apr. 13, 2014 at 10:11 PM
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Replies (1-10):
owl0210
by Bronze Member on Apr. 13, 2014 at 10:35 PM
Absolutely take it back to court especially since they aren't paying their portion of medical expenses. $120 a month is pathetic. I pay more than that for child care each week.
AtillaTheHun
by facta, non verba on Apr. 14, 2014 at 1:11 AM
1 mom liked this

I would have taken this back to court a long time ago. And while I'm at it I'd make the court aware of the fact that NCP is in contempt of court and has not paid 50% of the expenses as ordered by the court, and ask them to take care of both issues in one shot. 

whatIknownow
by Emerald Member on Apr. 14, 2014 at 8:11 AM

My Ex was (and is) volutarily unemployed. For the last few years he has been a SAHD. HIs CS is calculated based on his earning potential. They used the 25th percentile salary for his particular degree (MS in pharmaceutical chemistry).

Leigh84
by Silver Member on Apr. 14, 2014 at 8:33 AM
I would try to take it back. Good luck.

Good luck w/the out of pocket medical expenses too. My DH is cp and his co states he is responsible for the 1st $250 out of pocket medical expenses. After that, it's split 50/50 based on both parties ability to pay. BM is a sahm to her other children therefore; she has no ability to pay so it all falls on DH anyway.
SassyMom25
by Silver Member on Apr. 14, 2014 at 9:00 AM
2 moms liked this
You can...but I don't think its worth your time or money. If you have no problem affording an attorney...save that money for the child.

I'm almost surprised CP wasn't ordered CS to help balance out the difference in income.

Either way...consult an attorney first.
Singlemama52
by Member on Apr. 14, 2014 at 9:06 AM
Yup. Take it back to court! I've been sending the NCP the out of pocket expenses for medical and I've received nothing. I send it to the attorney general every month, and keep up with it on a spreadsheet I made for when the time comes.
jlg12678
by Gold Member on Apr. 14, 2014 at 9:12 AM
I would take it back to court. My dh pays cs and did so with his ex and she's now set at a certain salary level regardless of what she makes...this was done after she quit a full time salaried management job the day prior to a child support hearing. She has a history of being underemployed and the judge called her out on her decision to leave her place of employment the day prior to child support being reassessed after my dh brought it up.

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Singlemama52
by Member on Apr. 14, 2014 at 10:04 AM
Nope. I called child support. They sent me something and they will purse him.. Apparently.. Idk still waiting. Lol.

Quoting mb1111:

Why do you send it to the attorney general?  Do you mean someone else?

Quoting Singlemama52: Yup. Take it back to court! I've been sending the NCP the out of pocket expenses for medical and I've received nothing. I send it to the attorney general every month, and keep up with it on a spreadsheet I made for when the time comes.

ladybugchick317
by Charity on Apr. 14, 2014 at 10:08 AM

 Seems like you are doing 99% and he is doing 1%. Take it back for an ammendment.

Singlemama52
by Member on Apr. 14, 2014 at 10:18 AM
The attorney general handles child support in my state. I contacted child support through the attorney general.

Quoting mb1111:

Maybe I'm confused about who you are talking about, but I'm pretty sure the purpose of a state's Attorney General office is to represent the state, protect consumer's against businesses, and deal with criminal matters like fraud.  They deal with things like consumer protection, telephone privacy, and patient abuse and neglect.  If I were you I wouldn't sit around waiting too long, they probably don't have time to deal with private civil disputes over child support.

Quoting Singlemama52: Nope. I called child support. They sent me something and they will purse him.. Apparently.. Idk still waiting. Lol.

Quoting mb1111:

Why do you send it to the attorney general?  Do you mean someone else?

Quoting Singlemama52: Yup. Take it back to court! I've been sending the NCP the out of pocket expenses for medical and I've received nothing. I send it to the attorney general every month, and keep up with it on a spreadsheet I made for when the time comes.

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