Sucks doesn’t it?! We are in the same boat with my child’s mother. She doesn’t work and parties with my child support. We have an attorney and she says that the judge can actually make her work.
That is not necessarily the case. If she is voluntarily underemployed the court can impute income to her at the level she could be earning.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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what does the current support orderagreement state? Was she working while the order was written? Unless you agree to a change, she would have to go to court to file for modification from the current order/agreement.
We are going to have child support reduced because I have two children and the first is graduating from high school. The child support should go down more than it will, in part because she is “voluntarily unemployed.”
My ex pulled the old " I’m not working" trick before our support hearing and requested alimony. The Judge ( apparently the only one in N.C. that understands Justice) gave the $200 alimony and told her that Wal Mart was hiring down the street. He told her to never come in his courtroom again if she wasn’t working 40 hours a week, and then lectured her about this being the oldest trick in the book.
There are a lot of judges that are realizing this…if she is voluntarily unemployed, and the children are school age, then more than likely child support can be modified.
My husband’s ex had to explain to the court why she was only working part time. The attorney even asked her if she had considered looking for more stable position or asking for full time hours…then she had to tell the court that she was working for her mother. The judge’s jaw dropped since if you are working for family, certainly you could get full time hours if needed. She was actually working full time and getting paid cash for the rest of the hours…
She has since realized that she is essentially screwing herself on Social Security and has gotten a full time job with some overtime and very good benefits and insurance.
Modify if you can. Good luck and keep us posted.
Hawkman, who was the judge? (The only one that understands justice)
I am paying child support to my ex-wife.
Let me see if I understand this. If she chooses not to work, which she did for four months last year (with 17 and 15 year old children), then she gets more child support from me. Additionally, if I choose not to work, I am still obligated to pay the full child support. Justice?