In May I received paperwork that my child support was being reviewed. Our first court date was set for May 29th. On May 25th, my ex suddenly became unemployed after having a job for almost 10 years. Her average income when she was working was $2400 per month. Our court case was continued till June 10th. When we went to court in June, CSE had changed her income on the worksheet to $1256 based on minimum wage at 40 hours per week. The way I unserstand child support laws is that if I quit my job they will give me an imputed salary based on my average salary over the past 12 months. Does the same not apply to the custodial parent? Why is her imputed salary reduced to minimum wage when she os obviously capable of making more?
Income can be imputed when a party is found to be voluntarily reducing their income in bad faith so as to avoid paying support or to attempt to receive more support. A judge can impute support in the amount he or she sees fit based on the circumstances ( earning capacity, attempts to secure employment ect.)
So what happens when and if she gets another job making the $2300 again? Will I have to request a modification or will CSE do it? (if there is a 15% difference which there should be) Or am I just stuck paying this for the next three years based on her unemployment? The only reason I ask is back in 2001 when we went to court for CS she was unemployed. She gained employment only 2 weeks later but it was never reviewed until now. Now amazingly just days prior to court she is unemployed again.
Also, I had to pay an attorney to represent me in this case due to lies that were told on the part of both th CSE agent and my ex. The CSE agent put down on two of the three worksheets that were worked up that my ex paid health ins when she is (and has been since 2007) receiving it free through the state. I was told by another CSE agent this information is always reported to CSE by the government. Who do I discuss the actions of the CSE agent with as she knowingly lied on court documents?
Yes, you will have to request a modification at that time. As for the actions of the CSE employee, I would assume you would need to speak to the supervisor.