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Does my sister have a case?

Discussion in 'Alimony & Spousal Support' started by mikek, Mar 9, 2015.

  1. mikek

    mikek Law Topic Starter New Member

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    Today my elder sister received final decree in the mail to sign. She gave her almost exhusband a courtesy call to let him know that she was signing the paper and that contrary to a gentlemens agreement, child support would be withheld from him pay check. (He had been sporatically giving her $50 every week.) He informed that the first paycheck that gets hit with child support, he is quitting his job. (He makes about $70 K per year and is ordered to pay $541 per month) Is it not against the law for him to quit his job to avoid paying support and what are my options if any?
     
  2. Betty3

    Betty3 Super Moderator

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    It's not actually against the law for him to quit his job & if he quits voluntarily, he most likely will not receive unemployment ins. that child support can be taken from. However; some courts, if it can be determined that he quit to avoid child support, will calculate an amount for him to pay based on what they believe he would have earned had he been working. She needs to talk to her divorce lawyer.
     
  3. ElleMD

    ElleMD Well-Known Member

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    99% of the time, this is an empty threat, particularly with higher wage earners. His CS obligation does not go away because he quit his job and most of us need an income anyway. He is only hurting himself.

    Your sister really needs a lawyer though if her ex is playing games and there is a child involved.
     
  4. disagreeable

    disagreeable Well-Known Member

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    The $50 per week is likely a fraction of what he will be ordered. Call his bluff, allow his financial state to fall apart. Request support be based on his prior income since he voluntarily to a pay decrease.
     
  5. Betty3

    Betty3 Super Moderator

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    He might still be ordered to pay the $541.00 per month. However, we don't really know if he will quit his job.
     
  6. disagreeable

    disagreeable Well-Known Member

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    Some people become real screw jobs, when they are forced to meet an obligation. Though doubtful, it is a possibility, howeve the odds are in OP's favor since she is only getting about $100 p/mo now.
     

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