Child Support vs. College Education Question


#1

Thanks in advance for reviewing my situation and responding!

Here’s my situation:
my ex received a decrease in my sons child support in December, it dropped dramatically! over $380 due to the following reason:

  1. he is supporting another his child with his fiance (this was based upon the NC guideline)
  2. he is going back to school (not sure how many classes he is taking)
  3. he started working a 20 hr a week job, but it turns out he is only working 10-15 hrs a week!

Luckily, his job is taking out 40% of his wages and that is being applied to the current child support due for the month ($50) and also the arrears ($250). This started in January and since then he was making the amount required (arrears and current child support), but for two months now he hasn’t made the entire payment. I am working with CSE, and I am thinking about taking him back to court, but wasn’t sure how the judge would see the case.

  1. Can the judge make him get a 40 hour job? (whil we were together, he was working a 40 hr job at $11/hr sothe “potential” is there and when I took him to child support, he quit his job and started working in construction getting paid under the table. last year he supposedly didn’t work that much due to the economy)
  2. Will the judge say that since he is trying to better “educate” himself in order to get a better paying job, he does not need to get a 40hr job?
    3.If the judge doesn’t think he should get a 40 hr job, can the judge at least make him get a 25-30 hr a week job?
    4. If he does get a 40 hr job, can I ask for an increase in child support? (the decrease took place in December 09) either back to the original support or at least something more than $50?!

Is there hope for my case or will my ex just get away again with not paying?


#2

The judge can order him to try and find work if he is lowering his income in bad faith to avoid paying support. If however his reasons for the decrease are legitimate, the judge will not force him to try and find a job and will use his actual income for the calculation of support. If he does get a job you may have support increased.