Yes, your wife can do this. However, what a court might do in that situation largely depends on whether or not you can prove that she quit her job in bad faith. If she intentionally stopped working to get more child support and/or alimony, and you can prove that bad faith, she might not get any more money.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax NCdivorce.com
email: sstanback@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Just so I understand you correctly.
She can quit a stable job, return to school, and legally get more child support because she voluntarily reduced her income to zero.
She can do this at any time? That is, she can get her masters, go on to get her doctorate, etc. If she decides she doesn’t like that choice of careers, she can quit again, return to school and take me to court again?
Do I have the same options? It was my understanding that if a person was voluntarily unemployed or underemployed that the court would impute their wages for their earning potential. Is this guideline only for the person paying support?
Greetings. You have asked a great question, and I have only a mediocre answer to give. So, here it is: your wife can voluntarily decrease her income, take you back to court, and we cannot perfectly predict what the outcome will be. In fact, the court may allow her to go for a degree (such as a masters), but probably not much further than that without returning your child support to a good level. The court may allow this because allowing your wife to earn a large degree usually means more income, and therefore more income for the children.
Is it necessarily fair, of course not. Will it probably be allowed, yes. Better to hear the truth than a sugar coated lie, no? Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I have been divorced for 3 years. My ex had a job as a teacher but decided to quit and return to graduate school. Her income is now zero and she is living on the Child Support and Alimony I give her plus, I think, student loans. She recently filed for an increase in child support due to her income of zero. Can she do this? Has anyone had a similar experience? I don’t feel responsible for her decision to return to school, it was her choice. How do courts view a situation like this?