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  • Quitting Job

    My Ex just quit her job and willingly told me in an email. What are the repercussions with respect to support payments?

  • #2
    if she pays you support then you have to go to family court to have this taken up with them.......but take that email with you.......keep eveything documented.......if you have court ordered support (also think even if you dont) makes no difference.....doesnt change the amount of support you pay......support you pay is based on your income solely not hers......if you have final divorce decree and you are worried can come back on you for alimony keep that quit notice you got (email) and when and if she tries something that stupid then give it to the court.......you have alot of evidence in one single email....whatever you do dont delete it

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    • #3
      BestDad,

      It would appear from your post that you are recieving support payments. If this assumption is correct and you have court odered support being paid to you, then....if I am not mistaken it will be up to her to bring forth a motion to have her paymnets reduced otherwise they continue as per your agreement, if they are payroll deducted then arrears will start to accumulate for her but most likely no payments, (for now). If she is the custodial parent then really nothing changes as littleman has mentioned. I would be interested if your are recieivng cs payments and what the outcome is for you.

      Good luck

      Comment


      • #4
        I should have mentioned that I am the payor, but since we're on a shared parenting schedule, I pay the offset amount. I'm worried about her trying to get the amount adjusted up. My position is that she quit a job paying XX without a good reason (based on the reason given in the email) and therefore there should be no change. Just want to be prepared in case it gets to that point.

        Comment


        • #5
          Your position in the event she requests an increase is that she willingly quit (useing her email) and you can ask the court to imput an income on her based on the last three years. This is the case for when a person intentionally quits or is underemployed or unemployed by choice.
          The same would happen if it was dad that quit, so one would hope the same be true for the mother seeing as you have shared custody and you by chance have the higher income and pay the offset amount.

          Comment


          • #6
            Hmmm..what happens if one parent opts for early retirement, starts to draw exclusively pension income and consequently their income level drops substantially?

            The offset amount could increase dramatically or it might end up switching directions if the higher earner took the retirement.

            Can a person be accused of being under-employed if they have retired?

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            • #7
              I guess that depends...

              I suspect my ex will do just that to avoid paying CS. His new wife is well compensated and he doesn't "really" need to work. He can take a full pension at 52. He's 36 right now and my guess is that he will "retire" in the next year or two.

              Our kids are still young teens - should he be exempt from paying because he doesn't work and lives off his wife??

              The problem is that every situation is different and every person is different and the law is as cookie cutter as it gets.

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              • #8
                Originally posted by Sk8r
                I guess that depends...

                I suspect my ex will do just that to avoid paying CS. His new wife is well compensated and he doesn't "really" need to work. He can take a full pension at 52. He's 36 right now and my guess is that he will "retire" in the next year or two.

                Our kids are still young teens - should he be exempt from paying because he doesn't work and lives off his wife??

                The problem is that every situation is different and every person is different and the law is as cookie cutter as it gets.
                This is a very complicated situation, and I have not come across similar case law where the paying parent retires and the children are still relatively young.

                I think for the support receiver, he/she could apply undue hardship and in this case, the new wife’s income would be included in the calculations, and the dad would pay based on his “ability” to pay VS his actual income. If it could be shown that the new wife is paying a significant portion of the living expenses then dad is not out of the woods as far as CS

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                • #9
                  Retiring

                  "I think for the support receiver, he/she could apply undue hardship and in this case, the new wife’s income would be included in the calculations, and the dad would pay based on his “ability” to pay VS his actual income. If it could be shown that the new wife is paying a significant portion of the living expenses then dad is not out of the woods as far as CS"


                  Hmmmmm, once again....

                  Let's say the dad in question was not being supported by a new wife/GF but just decided that he had worked long enough and that it was time to retire and that he was in what most would consider the normal and acceptable range of age to retire (55 - 65?). I am envisioning a situation where custody is perhaps shared and the dad pays the offset based on a higher salary.
                  If he retires his income could easily drop below that of the wife. I assume that would mean that the offset would shift directions at that point?


                  OR -

                  Would he effectively be forced to continue to work past retirement age? Seems like an interesting (human rights? senior's rights?) question.

                  Comment


                  • #10
                    Undue hardship only works one way. A support recipient can't claim this - only a payor.

                    Comment


                    • #11
                      In regards to the CS & retirement, I think it is likely an income would be imputed to the payor.

                      Although there are seniors rights etc that are to be considered, I would think that financial support of your children would be first and foremost. I mean..you know you have children and they required support so why should be able to opt out of supporting them financially just because you had them later in life?

                      Comment

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