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9/22/2017 12:11:25 AM
Posted: 9/16/2005 5:23:41 PM EDT
I have 50 percent physical and joint custody of my two daughters. I pay a relatively small amount of child support to my ex. I pay her a small amount since my wages are slightly higher than hers. The State of Michigan has some formula that they use to figure this out.

She is no longer working. Her new husband makes enough money (probably about the same as I do) that she doesn't have to work.

My question: any idea where she can take this? Since she voluntarily quit her job (a good job with a lot of potential of earning a lot of money), can she take me back to court and try and get more cash out of me?

Or, the longshot of the year, can I have my child support dropped since she left her job volontarily?

thanks.

vmax84
Link Posted: 9/16/2005 5:25:45 PM EDT
It varies from state to state on CS laws. I would ask a lawyer.
Link Posted: 9/16/2005 5:28:47 PM EDT
Contact local child support attorney.Anything else is a crap shoot.Good luck Bro.
Link Posted: 9/16/2005 5:33:10 PM EDT
Everybody has a pipe dream, and minewould be to not pay her since she doesn't work any longer, her new husband has a good job, and she is more than capable of working, has two college degrees, blah blah blah.

Personally, I wouldn't have a problem taking that montly child support money that she gets each month from me and dumping that money into my daughters college fund.

vmax84
Link Posted: 9/16/2005 5:37:36 PM EDT
Pipedream not to pay her CS? I understand you wishing to put it in a fund, but its your duty to make sure she gets takin care of each month along with her. Has nothing to do with who she is seeing or married to. Its not there obligation unless you have him adopt her. Continue doing what your doing no matter if she makes $0 or $40,000 a month.
Also, please dont take this as me flaming you as im not. Just making sure you understand your role as the father and what CS is for.



Originally Posted By vmax84:
Everybody has a pipe dream, and minewould be to not pay her since she doesn't work any longer, her new husband has a good job, and she is more than capable of working, has two college degrees, blah blah blah.

Personally, I wouldn't have a problem taking that montly child support money that she gets each month from me and dumping that money into my daughters college fund.

vmax84

Link Posted: 9/16/2005 5:42:03 PM EDT
Link Posted: 9/16/2005 5:44:03 PM EDT

Originally Posted By FieroLoki:
Pipedream not to pay her CS? I understand you wishing to put it in a fund, but its your duty to make sure she gets takin care of each month along with her. Has nothing to do with who she is seeing or married to. Its not there obligation unless you have him adopt her. Continue doing what your doing no matter if she makes $0 or $40,000 a month.
Also, please dont take this as me flaming you as im not. Just making sure you understand your role as the father and what CS is for.



Originally Posted By vmax84:
Everybody has a pipe dream, and minewould be to not pay her since she doesn't work any longer, her new husband has a good job, and she is more than capable of working, has two college degrees, blah blah blah.

Personally, I wouldn't have a problem taking that montly child support money that she gets each month from me and dumping that money into my daughters college fund.

vmax84




Not taking it as a flame, and I certainly understand my role as providing for my daughters. But, I am unclear on where I stand now that she elected to quit her well paying job. That's simply my question.

vmax84
Link Posted: 9/16/2005 5:46:23 PM EDT
My opinion and I'm not a lawyer,

Most child support is based on your income. If your not making more, doubtful she will get more.

She can ask for more money any time she feels like.

Doesnt matter if she quit work or not, she will continue to get child support unless she drops it .

His income has nothing to do with you , your child, or your ex.

You could buy her out if you had a boat load of cash.

USE A LAWYER FOR ANY AND ALL MONEY TRANSFER'S BETWEEN THE TWO OF YOU!!!!!!

DO NOT GIVE HER CASH

PAY ALL CS THROUGH THE COURT OR OTHER LEGAL MEANS

of course you probably knew that and CS is different in each state
Link Posted: 9/16/2005 5:46:35 PM EDT
Doesnt matter what she does, just do your job as you always have. And ask a lawyer in your state as they will have the answers you need, cause its something we just cant answer.



Originally Posted By vmax84:

Originally Posted By FieroLoki:
Pipedream not to pay her CS? I understand you wishing to put it in a fund, but its your duty to make sure she gets takin care of each month along with her. Has nothing to do with who she is seeing or married to. Its not there obligation unless you have him adopt her. Continue doing what your doing no matter if she makes $0 or $40,000 a month.
Also, please dont take this as me flaming you as im not. Just making sure you understand your role as the father and what CS is for.



Originally Posted By vmax84:
Everybody has a pipe dream, and minewould be to not pay her since she doesn't work any longer, her new husband has a good job, and she is more than capable of working, has two college degrees, blah blah blah.

Personally, I wouldn't have a problem taking that montly child support money that she gets each month from me and dumping that money into my daughters college fund.

vmax84




Not taking it as a flame, and I certainly understand my role as providing for my daughters. But, I am unclear on where I stand now that she elected to quit her well paying job. That's simply my question.

vmax84

Link Posted: 9/16/2005 6:04:54 PM EDT
If she was court ordered to pay child support,she is still required to pay regardless if she has a job or not.She can only stop paying by order of the court,which requires a court hearing.This applies in all states equally.
The state also has a formula for child support that is based upon "Her Ability to Earn a Specific Amount Of Money".In most states the minimum amount used is an $800.00 per month after any adjustments.
She cannot go to the court and ask for a reduction in support payments,just because she quit her job.
If you choose,you can have her cited for contempt of court,for lack of payment of court ordered support.This can also be followed up with a request for Full custody of the child due to the other parent not being able to provide for the child.
All the above is pretty typical for all states.
Link Posted: 9/16/2005 6:53:35 PM EDT
Thanks for the help.

vmax84
Link Posted: 9/16/2005 7:11:52 PM EDT
Goto www.courts.mi.gov and go to the child support section, you can dl the actual program with the chld support formula. Good luck, in MI the new spouse income means nothing. However, you need to get your attorney to press for imputed income, eg she can work and make x, but chooses not to. Your support amount will be based on her potential income this way. Jeff
Link Posted: 9/16/2005 7:17:10 PM EDT

Originally Posted By G-lock:
Goto www.courts.mi.gov and go to the child support section, you can dl the actual program with the chld support formula. Good luck, in MI the new spouse income means nothing. However, you need to get your attorney to press for imputed income, eg she can work and make x, but chooses not to. Your support amount will be based on her potential income this way. Jeff



Thanks Jeff. Good advice.

vmax84
Link Posted: 9/16/2005 7:21:46 PM EDT
[Last Edit: 9/16/2005 7:23:01 PM EDT by WildBoar]

Originally Posted By vmax84:

My question: any idea where she can take this? Since she voluntarily quit her job (a good job with a lot of potential of earning a lot of money), can she take me back to court and try and get more cash out of me?

Or, the longshot of the year, can I have my child support dropped since she left her job volontarily?




ETA it was answered.
Link Posted: 9/16/2005 7:24:51 PM EDT
I work for the Division of child support in Washington, but I am only an OA3, not a support enforcement officer. MY understanding is that once every THREE years either party can request a review for child support, obviously the CP requests a raise and the NCP requests a lower payment. But as it has been said you really need to check with your lawyers or even the Order of Child Support entered into the court system at the time of your divorce.
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