Ex Willingly Taking Lower Paying Job

[Teddie]

My ex recently told me that she is thinking of becoming a flight attendant. She works shift work as a nurse. We have a 50/50 access schedule and joint custody.

We have had the children on a week on/week off schedule for over a year and from all accounts it looks like my ex's mom is the one doing a lot of the parenting as my ex is working. The other day my ex told me that she wanted to leave her current job to work as a flight attendant as it would allow her more time with the children...not sure how that could be true. Her current boyfriend works at the airport and if I had to guess, that may have been a deciding factor.

I can't see how a flight attendant would have anymore time for their kids than a nurse. If she does go ahead and change careers and I see that she is with the kids even less than she is now, would a motion to have more access to the kids be worth the effort or will the status quo of 50/50 access overrule it?

Also, if she willingly quits her job to take a lower paying job, am I obligated to increase my child support. I ask this because I am already struggling to make ends meet and my financial struggles are solely from my ex and her attempts to win sole custody based on false allegations.

As it stands, I would say she is only with the kids a quarter of the time at best. Her mother and her last two boyfriends have been responsible for watching the kids more often than not.

Thanks

[OrleansLawyer]

All of your questions will be contingent upon the facts.

am I obligated to increase my child support.

Yes. Although if you can show that she is underemployed, without reason, then you could seek to have a higher income imputed to her.

If she does go ahead and change careers and I see that she is with the kids even less than she is now, would a motion to have more access to the kids be worth the effort or will the status quo of 50/50 access overrule it?

Depends how much less; how the children are doing; whether it is in their best interests.

Whether it is worth the effort is a personal decision.

[Teddie]

All of your questions will be contingent upon the facts.


Yes. Although if you can show that she is underemployed, without reason, then you could seek to have a higher income imputed to her.


Depends how much less; how the children are doing; whether it is in their best interests.

Whether it is worth the effort is a personal decision.

I would argue that she would be underemployed and try to impute an income. She has the post secondary education that enabled her to become a nurse so why voluntarily quit and take a lower paying job as a flight attendant.

I would think if I quit my job to take a lower paying job, there is no way I would be allowed to pay less CS. In fact, I am sure of it after seeing how the courts work. Being layed off of fired is one thing, but to quit is completely different. By quitting a better paying job and expecting me to pay more is essentially her making a poor decision that impacts the children and then making me the fall-guy.

Her argument to date is that being a flight attendant allows her more time with the children. If that is the case; which I doubt; that would be her only argument as to why the job switch was a good decision.

[randomjohndoe]

This what irritates me here. Nurse is a hard physical job, shifts are irregular. Everything (days off etc) has to be planned out two month ahead. Can the person NOT be sick and tired of it and choose a lower paying job to gain some quality of life? I find it bizarre.

[Teenwolf]

This what irritates me here. Nurse is a hard physical job, shifts are irregular. Everything (days off etc) has to be planned out two month ahead. Can the person NOT be sick and tired of it and choose a lower paying job to gain some quality of life? I find it bizarre.

People do have a choice, and the courts recognize this, but the interests of the child take priority. Yes, nursing can be hard with irregular hours, but so can a flight attendant job, so I'm not sure if that argument is prudent in this case.

[Janus]

This what irritates me here. Nurse is a hard physical job, shifts are irregular. Everything (days off etc) has to be planned out two month ahead. Can the person NOT be sick and tired of it and choose a lower paying job to gain some quality of life? I find it bizarre.

You lose that right when you get divorced.

If you take a more satisfying but lower-paying job, it is because you are a deadbeat who is trying to avoid obligations. Best interests of the children involves money, nothing else. Children do best with more money.

[randomjohndoe]

You lose that right when you get divorced.

If you take a more satisfying but lower-paying job, it is because you are a deadbeat who is trying to avoid obligations. Best interests of the children involves money, nothing else. Children do best with more money.

Exactly

[randomjohndoe]

People do have a choice, and the courts recognize this, but the interests of the child take priority. Yes, nursing can be hard with irregular hours, but so can a flight attendant job, so I'm not sure if that argument is prudent in this case.

Flight attendant can have very regular shifts, because planes fly on schedule. And it is by far more pleasant work than nursing.

[Mess]

People do have a choice, and the courts recognize this, but the interests of the child take priority. Yes, nursing can be hard with irregular hours, but so can a flight attendant job, so I'm not sure if that argument is prudent in this case.

Well said.

[Teenwolf]

Flight attendant can have very regular shifts, because planes fly on schedule.

And so can nursing. If your not casual or on-call, then your shift schedule can be known far in advance. I've had shift work jobs in the past whereby I knew my schedule for an entire year.

Regardless, there's the potential here for her to take a lower paying job, which may result in the OP paying more CS. If the OP intends to challenge this in court, then she best have some good reasons for the change.

[standing on the sidelines]

strange on here some people are told to take a lower paying job due to the fact they travel or are away alot due to the requirements of their work. They are told to look for something that puts the kids need to see them at a highter priority then a well paying job. Where is that line drawn???

[Teenwolf]

strange on here some people are told to take a lower paying job due to the fact they travel or are away alot due to the requirements of their work. They are told to look for something that puts the kids need to see them at a highter priority then a well paying job. Where is that line drawn???

There is one important underlying concept with those examples: the job change was done in order to serve the best interests of the child. If the OP pursues imputing income in court, then the ex must show how the job change benefited the child. Where is the line drawn? That's hard to say, as court decisions are typically not black and white. I don't have all the details of the OP's situation but, based on what has been said, I don't believe a switch from Nurse to Flight Attendant is prudent.

[Teddie]

There is one important underlying concept with those examples: the job change was done in order to serve the best interests of the child. If the OP pursues imputing income in court, then the ex must show how the job change benefited the child. Where is the line drawn? That's hard to say, as court decisions are typically not black and white. I don't have all the details of the OP's situation but, based on what has been said, I don't believe a switch from Nurse to Flight Attendant is prudent.

It's a tough situation. The children are usually a secondary concern of my ex and I doubt the reason she is switching jobs is to see the kids more. She only works night shift 1 week out of every eight, and I have accomodated many scheduling changes so that her weeks could fall on those in which she is working days.

My job is tough as well but I honestly could not find a job that gives me the same hours and pay that I enjoy now. I could leave my job today and take a lower paying, more enjoyable job but I would be impacting the quality of life that the kids and I enjoy. Like one of you said, because I am the support payor, if I take a lower paying job then I would be a deadbeat I guess.

[Teddie]

The same woman went into court with a letter pleading with the judge to ignore the offset that is usually paid for CS in a 50/50 access arrangement and instead asked for $1500/month in CS. When she didn't get what she wanted she stated, in front of a judge, "if that's how its going to be then why don't I just quit my job". Clearly the attitude of someone who doesn't always think of the kids first.

If at the end of the day, she is indeed seeing the kids more and not taking a massive pay cut, then I would just bit the bullet and shell out the extra CS. My worry is that she will see the kids even less than she already does while collecting more money from me.

[Teenwolf]

It's a tough situation. The children are usually a secondary concern of my ex and I doubt the reason she is switching jobs is to see the kids more. She only works night shift 1 week out of every eight, and I have accomodated many scheduling changes so that her weeks could fall on those in which she is working days.

Do the math: will she have more time to spend with the kids as a nurse or flight attendent? If she's smart, she'll try to justify the job change by stating it was in the best interest of the kids, but she needs to back up such a claim. You need to think about her possible reasons and be prepared to shoot them down.

When she didn't get what she wanted she stated, in front of a judge, "if that's how its going to be then why don't I just quit my job".

Statements like that won't bode well for her. Did the judge respond to her statement?