Voluntary resignation affecting child support

[ConcernedSM]

My husband is considering opening a business and would need to resign from his current job in order to do so. He pays quite a bit in child support. There is 50/50 custody. Since his job change would be voluntary, would he still be responsible for the same amount of child support? Would I have to pay it as the sole provider during the first few years? Any position I could fill would not even come close to the amount of money he currently makes. Side information, no lawyers have been used during the divorce or one amendment. She claims to only make $150 gross per week and to pay all expenses. He truthfully makes a lot more so the current child support amount is very high.

 

[army judge]

Since his job change would be voluntary, would he still be responsible for the same amount of child support?

Only the court that issued the current child support order could answer you definitively.

Your former spouse can petition the court and request a reduction in child support based upon a change in circumstances.

Will he be successful?

Again, only the court can say for sure.

Common sense tells us that you can't pay $5 if you only have $4.

The lesson here for anyone who receives child support, don't plan on the amount you're supposed to be paid when you build your monthly budget.

Why?

What if the person paying the support died, disappeared, or ran away to parts unknown?

 

[leslie82]

My husband is considering opening a business and would need to resign from his current job in order to do so. He pays quite a bit in child support. There is 50/50 custody. Since his job change would be voluntary, would he still be responsible for the same amount of child support? Would I have to pay it as the sole provider during the first few years? Any position I could fill would not even come close to the amount of money he currently makes. Side information, no lawyers have been used during the divorce or one amendment. She claims to only make $150 gross per week and to pay all expenses. He truthfully makes a lot more so the current child support amount is very high.

He pays whatever is in the current order unless it's modified.

YOU don't have to pay any child support of any children who are not your children. No. He pays for his kids - not you. I made the mistake of paying my ex husband's child support when we were married because his first ex wife used visitation against him and his lazy ass wouldn't take her to court for contempt. I wanted to see the kids too so I paid it.

The only way his support changes is if he or she files to modify it.

 

[zddoodah]

There is 50/50 custody.

"50/50 custody" is not a term that has any particular meaning in any state of which I'm aware. Moreover, a custody situation in which the child lives with each parent exactly 50% of the time is rare because it's rarely practical (especially for children who have reached school age). With that being said -- and since you didn't identify the relevant state -- I'm not sure what you mean by "50/50 custody."

Since his job change would be voluntary, would he still be responsible for the same amount of child support?

Your husband's obligation to pay child support will remain unchanged until and unless one of the following occurs: (1) the obligation terminates or changes pursuant to the terms of the order that established the obligation (or any modifications thereof); (2) the obligation terminates or changes pursuant to the provisions of the applicable state law; or (3) the court issues a new order that terminates or changes the obligation. Courts do not typically (if ever) modify a child support payor's obligation because of voluntary unemployment or under-employment.

Would I have to pay it as the sole provider during the first few years?

You are under no personal obligation to pay your husband's child support obligation, unless a court enters an order imposing such an obligation. That would only likely happen if the court made a determination that you were, in effect, colluding with your husband to allow him to remain unemployed or under-employed in an effort to avoid the obligation. However, and depending on your unidentified state's laws, money in joint accounts and other jointly owned assets -- and maybe even some assets in your name only -- could be at risk for any unpaid support obligations.

 

[ConcernedSM]

"50/50 custody" is not a term that has any particular meaning in any state of which I'm aware. Moreover, a custody situation in which the child lives with each parent exactly 50% of the time is rare because it's rarely practical (especially for children who have reached school age). With that being said -- and since you didn't identify the relevant state -- I'm not sure what you mean by "50/50 custody."



Your husband's obligation to pay child support will remain unchanged until and unless one of the following occurs: (1) the obligation terminates or changes pursuant to the terms of the order that established the obligation (or any modifications thereof); (2) the obligation terminates or changes pursuant to the provisions of the applicable state law; or (3) the court issues a new order that terminates or changes the obligation. Courts do not typically (if ever) modify a child support payor's obligation because of voluntary unemployment or under-employment.



You are under no personal obligation to pay your husband's child support obligation, unless a court enters an order imposing such an obligation. That would only likely happen if the court made a determination that you were, in effect, colluding with your husband to allow him to remain unemployed or under-employed in an effort to avoid the obligation. However, and depending on your unidentified state's laws, money in joint accounts and other jointly owned assets -- and maybe even some assets in your name only -- could be at risk for any unpaid support obligations.

Thank you. This is good information. We live in Indiana. I thought that was in the Jurisdiction field but it may have been deleted when I accidentally pressed the back button. The children, aged 8 and 11, live in each house exactly 50% of the time. I'm concluding that we will have to wait 10 years to start the business.

 

[army judge]

I'm concluding that we will have to wait 10 years to start the business.

No, you live the the USA.

We are citizens, FREE citizens.

This country is a capitalist, not a socialist country.

If you or anyone wishes to start a business, go for it.

No one can force anyone to stay employed at a $2,000,000 a year job, if the person wishes to quit the job and take a shot at running his or her hot dog cart making a mere $200 a week.

The person's former spouse might not like it, because the person can't pay $10,000 a month in child support.

The person is free to do what he or she feels best.

I had a client who hated his former souse so much, he quit working as a well to do CPA, moved in with his male lover (a wealthy cardiologist), and allowed the child support meter to keep running.

I had another client who simply left his 6 figure salary to join the navy to pursue his dream of becoming a SEAL.

He paid child support, but much less than what he would have had be kept his CPA business active.

He became a SEAL, got a commission as CHOP (Navy supply officer), and still serves today.

Each of us is free to be who we wish, despite pissing off people who demand we be something else.

 

[leslie82]

Thank you. This is good information. We live in Indiana. I thought that was in the Jurisdiction field but it may have been deleted when I accidentally pressed the back button. The children, aged 8 and 11, live in each house exactly 50% of the time. I'm concluding that we will have to wait 10 years to start the business.

There's absolutely no way that they live with each parent exactly 50% of the time. No way.

 

[ConcernedSM]

No, you live the the USA.

We are citizens, FREE citizens.

This country is a capitalist, not a socialist country.

If you or anyone wishes to start a business, go for it.

No one can force anyone to stay employed at a $2,000,000 a year job, if the person wishes to quit the job and take a shot at running his or her hot dog cart making a mere $200 a week.

The person's former spouse might not like it, because the person can't pay $10,000 a month in child support.

The person is free to do what he or she feels best.

I had a client who hated his former souse so much, he quit working as a well to do CPA, moved in with his male lover (a wealthy cardiologist), and allowed the child support meter to keep running.

I had another client who simply left his 6 figure salary to join the navy to pursue his dream of becoming a SEAL.

He paid child support, but much less than what he would have had be kept his CPA business active.

He became a SEAL, got a commission as CHOP (Navy supply officer), and still serves today.

Each of us is free to be who we wish, despite pissing off people who demand we be something else.

 

[ConcernedSM]

Thank you. It gives me heart that there is justice somewhere in this world. That my husband has rights and isn't a 2nd class citizen because he's the father. His ex wife stated that she thinks we should drive all the time because we chose to move out of the same town as her (1/2 hour away and closer to his job) And HER current husband said that he didn't ask my husband to divorce her so he doesn't need to drive someone else's kids (I currently do all complete pick up and drop off mind you due to my husband's current job schedule)

 

[army judge]

(I currently do all complete pick up and drop off mind you due to my husband's current job schedule)

Drop off and pick up can be sticky.

If it isn't in the order, its best to work it out.

If you can't, then he goes back to court and asks the judge to render an order.

It is always best to do drop offs in a police station or sheriff station, restaurant, or other public building; especially if cameras are running.

Yes, if you moved away, generally courts will require the person moving to bear more weight.

Again, its best to work it out, or speak to a lawyer who will get it done by the judge.

 

[leslie82]

Thank you. It gives me heart that there is justice somewhere in this world. That my husband has rights and isn't a 2nd class citizen because he's the father. His ex wife stated that she thinks we should drive all the time because we chose to move out of the same town as her (1/2 hour away and closer to his job) And HER current husband said that he didn't ask my husband to divorce her so he doesn't need to drive someone else's kids (I currently do all complete pick up and drop off mind you due to my husband's current job schedule)

Non custodial fathers or any NCP are not second class citizens. It's not like it used to be.

What does the court order say about if your husband moved away? Usually if the NCP causes the distance than he or she has to do the driving.

My ex husband's order with his other ex wife says that if he lives over 150 miles away from the kids, he has to go pick them up from their home and the ex has to come pick them up from his home. If he lives under 150 miles they meet halfway or something. I can't remember. She never did - I did all the driving - and at one point it was an almost over 500 mile round trip until we moved a little closer. She never once picked them up. So I have no sympathy for people who only have to drive a half hour to see their kids. I did it because I love his kids, they are my daughter's siblings and I did a lot for them and I still would. But it would have been nice if his ex would have worked with us. But I didn't have to drive him at all. I didn't have to do anything I did. So neither does your husband's ex's new spouse. He's not wrong that it's not his job to drive the kids anywhere. Kind of shitty if you marry someone to not be decent to the stepkids but to each his or her own.

The point is that if he starts to make less, he can go to court and modify the child support order showing he makes less. If he doesn't do that, he will continue to have to pay. HIM. You have no obligation to pay anyone else's child support and shouldn't.