They figured child support based on a former job!

[mickchick21]

Ok, my boyfriend's wife filed for child support in August. He finally got the papers today and he has to pay $468.00 a month, even though he only makes $950.00-$1,100.00 a month. It says on the papers that that number is taken from what he made at his last job....where he made $2,620.00 a month according to his tax return for 2007. He quit that job(in Wyoming) in April so that we could move to North Dakota and be closer to his daughter (his wife moved to ND after they seperated). We've made a few calls and all we've heard is that since he voluntarily left the job in Wyoming they have a legal right to use those numbers for what he has to pay now. And then they are saying he owes two months in back child support equalling $936.00 (she filed in August, so August and september). We understand the back child support and have no arguments as to whether he should have to pay it or not...but why are they making him pay so much! He wont be making enough to pay even just his rent!

I guess what I'd like to know is 1) is that legally sound? and 2) what, if anything, can we do about it? Is there a way to have it changed or appeal it without it costing thousands of dollars?

He's got twenty some days to file an appeal. If anyone needs more information let me know and I will happily provide it to the best of my ability. Any help would be greatly appreciated!

 

[irish223]

That's usually the way it happens.

Your boyfriend lost an opportunity to keep his child in Wyoming. He could have contested his child's move out of state. Consequently, it likely appeared to the court that he didn't mind the move or the distance. So, his reason for quitting his job probably doesn't qualify for a modification.

He can certainly try, but I don't know what grounds he has.

In the meantime, he may have to find a second job, and if you aren't working, you may have to find a job too.

 

[famous21]

Hello:

The question I present follows: Was there a legal separation agreement stating, "the custodial parent must inform the noncustodial parent of any out of state relocation, within a specified amount of time before the relocation takes place?" The time frame could be 2-weeks; 3 weeks; or a month. If he was not notified, then he may have a legal opening.

Peace,

famous