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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-12-2016, 10:40 AM
DLS DLS is offline
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Default Adjusting Child Support

I apologize in advance as I am sure this is a common topic. I searched unsuccessfully, but I am kinda a newbie here.

My ex is asking to adjust CS which is expected/normal.

The scenario is that my income has remained basically constant. Her income has decreased (approx $10G/year) due to switching jobs.

Will I have to pay more CS? If the answer is YES, if she was to quit working all together, how would that affect me?

Note: 2 children 8 and 6, 50/50 custody, separation agreement, not divorced.
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Old 01-12-2016, 10:58 AM
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Quote:
Will I have to pay more CS?
What does your separation agreement say?

For lack of information, I will assume it says that the parties will exchanges notice of assessment by June 1 of each year and adjust child support by July 1 of each year using the offset method based upon their incomes for the previous year.

In which case - Yes.

Quote:
if she was to quit working all together, how would that affect me?
There would likely be a disagreement on child support.

Specifically, she would seek full guideline support (there being no offsetting amount); you would seek to either impute income to her at the previous level, or to rely on s.9 which does not make full guideline mandatory (only very likely).

Of great significance would be the reason why she quit working. Losing her job because watching Price Is Right is more entertaining would favour your arguments, quitting because of health issues would favour hers.
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Old 01-12-2016, 02:00 PM
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why did she change jobs knowing there would be a pay decrease? The way my lawyer explained it to me was that the kids have a right to be supported at the highest level possible by BOTH parents. I know if I switched jobs and took a pay cut I would still be paying the same amount of CS...
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Old 01-12-2016, 04:20 PM
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Quote:
Originally Posted by whyme? View Post
why did she change jobs knowing there would be a pay decrease? The way my lawyer explained it to me was that the kids have a right to be supported at the highest level possible by BOTH parents. I know if I switched jobs and took a pay cut I would still be paying the same amount of CS...
Its not black and white, the reason she switched is important (what is it?).
Your lawyer is wrong, people are obligated to be reasonable in the serach for the highest income possible.
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Old 01-12-2016, 04:37 PM
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Parents aren't obligate to constantly maximize their income no matter what. An income decrease of $10K could be minor, depending on the amounts involved (e.g. from $120K to $110K). It's understood that incomes will fluctuate, that's why income information is exchanged annually. If your ex is still employed full time in a position which is consistent with her skills and experience, I think the OP will need to adjust his CS payments accordingly. If she quits work altogether, it's a different issue.
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