# Child support adjustments



## Leading Man (Dec 11, 2012)

My wife and I have been divorced for 2 1/2 years. We have 3 minor children. We have 50/50 placement. I pay a modest amount of child support based on the differences in our meager earnings. 
Last fall she decided to cut her work hours and take additional classes to advance in her profession. Her parents are covering any household expenses that her reduced earnings can't cover. Now she wants to take me back to court to get child support increased since her earnings are less than before.
What are the chances that a judge will increase support payments to her in this scenario? What if I cut my hours at work and take classes to advance my profession, thereby reducing my gross income? What would most judges decide in this case?


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## GuyInColorado (Dec 26, 2015)

That shouldn't work too well for her. Child support income is based on the parent's earning potential. Not your problem if she chooses to not quit her job.


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## pineapple (Apr 9, 2016)

Why would you want to do that to your children? Seems like it's more about money than the well being of your kids.


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## Threeblessings (Sep 23, 2015)

My exH has threatened to quit his high paying job or take a job that requires no skills so that he isn't liable for child support. I work only part time hours and study fulltime so that I can actually also become a sole provider for the children. Don't forget a lot of the time it is the wife that stays home to raise the children so you can go out to work. If you could put a figure on it what would the value be? None of us asked to be sole parents. If you are able to pay, do it. The children should not have to go without.


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## MattMatt (May 19, 2012)

Could you afford to increase your payments?

Do you have enough money to do this? 

Could you make a voluntary payment of a higher amount whilst your wife is taking classes, until she finishes the course?

Obviously you care about your children but to pauperise yourself is not a realistic expectation by your ex.
_Posted via Mobile Device_


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## Affaircare (Jan 11, 2010)

@Leading Man, 

It's my understanding that at a minimum, a judge will assume that both parents can work full time at minimum wage to provide for their children. Each state is a little different, but as a rule of thumb, judges also usually consider the schooling of each parent, the availability of their kind of job, and the ability of each parent TO work. 

So without knowing all the details of your case, assuming you have a degree and have earned $40,000 on your income tax for the last three years and there are jobs in the field of your degree in the area and you have not recently been injured or disabled...the judge would likely consider you able of providing $40,000 annually rather than FT x minimum wage. 

Likewise, if your exW has a business degree, has earned a similar $40,000 per year for the past three years, there are business jobs in the area, and she is not injured or disabled...even if she chooses to work 3 days a week instead of 5 and go back to school, the judge would likely consider HER able of providing $40,000 annually rather than $40k x 3/5 or FT x minimum wage. 

The idea is that if you both have the children about equal amounts of time, and you both have the ability to pitch in about equal amount of support, then neither would owe the other, and if she chooses to reduce her income to go back to school, then she is also responsible to figure out how she's going to pitch in her amount of support. If she finishes school with an MBA and has the potential to earn $60,000 a year, and you still have the potential of $40,000...then she would owe YOU child support!!

So as a very, VERY general rule of thumb, you'll want to prove to the judge that she has a history of ____ amount earning per year in the past, there are jobs in the area in her field that she could work to earn that annual amount, and that she is not injured or disabled. 

Finally, I would STRONGLY recommend that you read the child support laws in YOUR STATE. No answer here on this forum is really going to be adequate nor be specific to your situation in your state. Please find the Child Support Guidelines by State here.


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## frusdil (Sep 5, 2013)

I disagree that OP only cares about the money. I don't get why with 50/50 care, child support is needed at all. He shouldn't have to fund his EX wife's choice to cut back her work hours!


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## Leading Man (Dec 11, 2012)

Let me provide a little back story.
For six years prior to our divorce my former spouse went to school part time for nursing. About one year prior to our divorce we both took new full time jobs. We made within $.50 of the same hourly rate. About 3 months before I filed she gave up the full time position for part time days (the full time position was evenings.) During this time she set up an apartment for her and a patient of hers using our extra furniture and decorations, etc. I filed when I found evidence of this relationship. But since her income was now less than mine the judge ordered me to pay support. Since our divorce she was terminated from her job unofficially in part due to her relationship with said patient. She has since taken a lower paying job and with her parent's help has gone back to school to increase her degree level in her profession. 
I too became unemployed about a year ago and took a different lower paying job. Money is tight for both households. 
Being a no-fault state most of these details don't matter.
Like I said at the beginning we have 50/50 custody and share in our kid's expenses. She and her parents would prefer I support her financially to a greater extent so they don't have to. I don't agree.


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## frusdil (Sep 5, 2013)

Leading Man said:


> Like I said at the beginning we have 50/50 custody and share in our kid's expenses. She and her parents would prefer I support her financially to a greater extent so they don't have to. I don't agree.


I don't either! That's grossly unfair! Wow.


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## happy as a clam (Jan 5, 2014)

It's ridiculous to expect the OP to pony up more money just so his exwife can cut her hours and go to school. It's not his problem. Let her parents fund it, or some other party. Here's a novel idea: she can take out a student loan which can help offset her living expenses.
_Posted via Mobile Device_


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## lifeistooshort (Mar 17, 2013)

I agree that her decision to cut back isn't his problem. 

Hopefully a judge will see it like that.
_Posted via Mobile Device_


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## Maricha75 (May 8, 2012)

You have 50/50 custody. Rwally, you shouldn't HAVE to pay support at all, IMO, because you DO have 50/50. But, since you do pay some, I disagree that you should have to pay MORE now, because her parents are expecting you to do so. The only reason she is looking to do this,now is because her parents don't want to be paying. If I were you, I would consult your lawyer about her intentions, and see what your options are. Maybe, just maybe, the kids would be better off with you, the majority of the time, until she is done with school...

While it is commendable that she wants to further her education, and increase her earning potential, it is reprehensible that she (and/or her parents) expect you to pay for it. When she decided to go back to school, she should have had a plan in place... which should not have included coming after you for more money. 

JMO. And I truly don't believe, as some have suggested, that this is about you not paying for your children. This sounds more like one of those dreaded cases often mentioned.


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## lifeistooshort (Mar 17, 2013)

Why don't you tell her you'll cut back to part time and petition to stop paying?
_Posted via Mobile Device_


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## Maricha75 (May 8, 2012)

MSprings said:


> If you're not represented by an attorney, look up "imputed income" cases in your state. Many states attribute income to a parent who is voluntarily underemployed.
> 
> Good luck.


Looking at his past threads, his state is one that does as you stated. 

LM, it may well be the courts will side in your favor in this because she voluntarily reduced her hours. She has the bills covered because she made arrangements with her parents to cover HER voluntarily loss of wages. I strongly suggest consulting your attorney, to be sure you gave all your bases covered, but it does look like the courts would side with you, based solely on my quick search.


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## IamSomebody (Nov 21, 2014)

It would be in the OP's best interests to speak with a shark-like divorce attorney, especially not the original divorce attorney. Initial consults are usually free.

50/50 custody with similar incomes should have resulted in *NO* child support.

Also, if the ex-W is still living with that "patient", that may affect this whole picture because her income may be helping to support him rather than her own kids. Make sure to tell the attorney this.

It may be in everyone's best interests if the kids live with you and the ex-W pays you child support.

As a PP said, let the ex-W get a student loan to support herself while continuing her education.

IamSomebody


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## samyeagar (May 14, 2012)

Threeblessings said:


> My exH has threatened to quit his high paying job or take a job that requires no skills so that he isn't liable for child support. I work only part time hours and study fulltime so that I can actually also become a sole provider for the children. Don't forget a lot of the time it is the wife that stays home to raise the children so you can go out to work. If you could put a figure on it what would the value be? None of us asked to be sole parents. If you are able to pay, do it. *The children should not have to go without.*


Exactly!

Which is why their mother should step up and provide her fair share.


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## Bananapeel (May 4, 2015)

I'm going to give a different opinion than most. Have a talk with her and tell her that her earning potential (not her actual salary) is what goes into the child support equation so if she takes you to court it will cost both of you money and it won't change anything. Instead offer to give extra voluntarily (if you can afford it) because her going to school and getting a higher paying job is in everyone's best interest. The way you give extra without it screwing you is you give through the child support payment center (i.e. extra prepayments), not writing a check directly to her, so that it could be used to offset future moneys that you would owe her. Once she finishes her school you can then be the one to go to court and ask for an adjustment in your favor because she is making more money and rightfully there should be an adjustment (just like if you got a promotion/raise). This scenario benefits the kids since there is more money that she can earn to support them in the long term, and in the short term there is enough money coming in that they don't have to change their lifestyle. It benefits you too because eventually your support payments will drop due to the change in her income.


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