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  • Job Change

    This is something currently happening with a co worker of mine. Our company is doing some restructuring and eliminating her position all together. They have offered to either pay her a severance or offered her another position but for about $15,000 less... so instead of making her $50,000 she will be making $35,000 per year... she pays CS to her ex... they are set to recalculate their CS for July 1st... her line 150 from last year was $53,000 or around there... if she accepts this new position she is taking a hit of almost $1300 a month, if she takes the severance she may have to relocate in order to find a job in her field that pays the $53,000... would she be successful in lowing her CS to what her new contract states even though they have done yearly updates the past 7 years?

    My initial response was no CS would be paid based on last years income like it always has, but then thinking about it, CS is technically payable on most recent income and this job loss isnít her doing... so how would this play out? She doubts her ex would initiate court action but knows he wonít be happy with the reduction of over $200 a month... thoughts?


    Sent from my iPhone using Tapatalk

  • #2
    She should offer to pay the excess amount from last year. Go back and calculate what she should have paid on that income and pay him the additional amount then udate based on the new income.

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    • #3
      What if the ex takes action? They could argue she has the capability to make what she used to, she has a responsibility to the children bla bla bla and impute income?

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      • #4
        Originally posted by failed@life View Post
        What if the ex takes action? They could argue she has the capability to make what she used to, she has a responsibility to the children bla bla bla and impute income?
        Yes he can and she will have to prove her decisions are reasonable.

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        • #5
          Originally posted by Links17 View Post
          Yes he can and she will have to prove her decisions are reasonable.


          My thoughts however this wasnít really her decision when the company restructured and she is losing her position. Her option would be to move 3 hours away to the other location the company is but that is unreasonable to leave her children.


          Sent from my iPhone using Tapatalk

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          • #6
            Originally posted by Berner_Faith View Post
            ...They have offered to either pay her a severance or offered her another position but for about $15,000 less... so instead of making her $50,000 she will be making $35,000 per year... she pays CS to her ex... they are set to recalculate their CS for July 1st...

            If it were me, given those circumstances, I would just update July 1st based on whatever income is current. If it happens to be lower, it is, what it is. This is originating from their employer - it wasn't like they just decided to work less, or change careers on a whim. Seems like a perfectly valid decision or reason, if one was to get dragged to court over it - which seems unlikely.



            FYI, I've always paid my child support based on current figure - not a "we'll update next year, or based on the last year". Income goes up, change happens at that time. Luckily, it's never gone the other direction (down), so far.

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            • #7
              Originally posted by dad2bandm View Post
              FYI, I've always paid my child support based on current figure - not a "we'll update next year, or based on the last year". Income goes up, change happens at that time. Luckily, it's never gone the other direction (down), so far.

              This what I do. When I get a raise, I send the ex an email saying I now make $XX and that c/s will now be $XX going forward.

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              • #8
                Originally posted by HammerDad View Post
                This what I do. When I get a raise, I send the ex an email saying I now make $XX and that c/s will now be $XX going forward.

                I find it's easiest for me, and that's all I care about. If my income went down (which it hasn't yet), I would simply send the same kind of notice ahead of time as much as possible, explaining why, and saying that future payments would reflect my current income.



                Currently, in my present situation, this doesn't even affect me right now. I hope it stays this way.

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