child support calculation

[bcman]

Does anyone know if cs is based on last year's income, or based on current income? Let's say my income drops significantly in the middle of the year, am I still supposed to pay the high number until review time next year or is it reasonable to file a motion to vary it? thx.

[Mess]

You will almost never see it go down if this year's income goes down. The system isn't fair, and I'm not claiming it's fair, and I'm not claiming it is 100% logical, but this is basicly how it works:

Let's say your job pays 50k. You are classified as being able to earn 50k. If you get your hours cut or change jobs and earn 40k, you are still classified as being capable of earning 50k. The system expects you to go out and find a way to continue earning 50k.

If you are consistantly earning less money, it's not just up to your tax return from the previous year, you have to show why you should be reclassified. For example, your previous job doesn't exist anymore, there are no jobs in the field, you have changed careers and now you drive a truck and deliver flowers. So now you have shown why you should be reclassified.

Your ex may point to employment figures that show plenty of jobs in your old career, so the court says "Sorry, we don't believe you are trying hard enough".

You respond that your old job caused you numerous physical and mental health issues and here is a note from a doctor to prove it. The courts would likely accept that kind of reasoning. If you were just bored at your old job, they wouldn't accept that.

So it is not just about what you earn, it is about what can be reasonably expected to earn.

If your income goes up, the courts will say that it is reasonable to expect you to continue earning that much. Your employer can't legally cut your pay or downgrade your job without compensation (in the real world employers find ways around that, but the courts aren't the real world) so the courts automaticly reclassify you at a higher income.

If you want to plan ahead, don't take the optional overtime and earn the extra few thousand next month. Do take a promotion or transfer that will lead to stability and a genuine raise. You don't have total freedom to do whatever comes up and not get screwed down the road. That is just how it is.

[bcman]

but my lawyer told me i should file a motion to vary the amount as soon as i lose job. is that correct? or does it simply mean i have a high chance of getting rejected in court?

sounds like it means if someone plans to make a career change(start his own business, go back to school), he better do it while still married. once he is divorced, he will lose any freedom in making such choices.

[dadtotheend]

Yes, that is your only way to get the amount changed if your ex doesn't agree to it.

Mess was simply saying that the court will be reluctant to reduce the CS. I'm not sure that I agree with that. Many orders provide for an annual review adjustment of the CS based on income changes. I would like to think that it is not as bad as Mess says it say and that judges won't be reluctant to reduce it based on an ability to earn income as opposed to the real income earned. But I haven't been down that road and don't know.

[Mess]

I'm giving a bit of a worse case scenario but there's been plenty of posts here that show pretty much this situation, like #1stepmom for example.

If the order/agreement already says that there is a yearly review adjusted to income, then you are in pretty good shape, but if you are going in for the first time and the other party is challenging what you claim you will have to show what your job and income prospects are for the future.