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  • child support questions. Texas Utah Vermont Virginia Washington West Virginia Wisconsin

    I currently live in TX but I'm from NC and I'm still a NC resident. I recently spoke with my ex husband and he informed me that he had moved from NC down to FL and didn't want me to know until the move was final. He quit his job and took aout 50,000.00 loan to go back to school for a second degree. Now he doesn't want to pay child support because he says he can't afford it now. Meanwhile, when our child support came up for review I declined to have it looked over even though I knew he was making more money. What he was paying I felt was sufficient. Now he springs this on me. Can he ask for it to be lowered even though he voluntarily quit his job he has the aability to make 60,000 a year and continue his support he just doesn't want to. What rights do me and my children have? If he stops paying I willnot be able continue to make ends meet.

  • #2
    Originally posted by lizzyshome View Post
    I currently live in TX but I'm from NC and I'm still a NC resident. I recently spoke with my ex husband and he informed me that he had moved from NC down to FL and didn't want me to know until the move was final. He quit his job and took aout 50,000.00 loan to go back to school for a second degree. Now he doesn't want to pay child support because he says he can't afford it now. Meanwhile, when our child support came up for review I declined to have it looked over even though I knew he was making more money. What he was paying I felt was sufficient. Now he springs this on me. Can he ask for it to be lowered even though he voluntarily quit his job he has the aability to make 60,000 a year and continue his support he just doesn't want to. What rights do me and my children have? If he stops paying I willnot be able continue to make ends meet.
    Nope, he will not be able to do this. If he had lost his job due to something beyond his control (disability, etc) then he would have grounds to request and recieve a downward modification. As he left his job voluntarily, he is purposely underemployed. He will still be expected to pay the ordered amount of child support. If he is stupid enough to request the modification, his income will be imputed (past tax returns to prove what his income was).

    I have to tell you though, that NC is a pain in the butt to get them to do anything when a parent is not paying the support as ordered. (My cs is with NC). How long has he been in FL?
    Last edited by mommyof4; 09-29-2006, 02:24 PM.
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    • #3
      Originally posted by cowpats35
      actually mommyof 4 yes he can because he is going to school and that IS a valid reason to quit your job. Most states allow fathers who are going to school leniancy because going to school shows he is trying to better himself. If you were so worried about making ends meet you should have thought about that before you got pregnant!
      Actually, if there is a support order in effect, he can quit his job and go back to school, but that will NOT be a valid reason to lower or nullify his child support order. If he had lost his job through no fault of his own (disability, etc) then THAT is a valid reason to modify an order. He chose to quit his job knowing that he has a child to support. It doesn't work that way. If you need me to post the actual reasons listed for modification, I will be more than happy to do so. As a matter of fact, I can do you one better and give you the direct number to NC child support if you would like to call and discuss this with a case worker.

      If he was so worried about making ends meet, he should have kept his job.
      Last edited by mommyof4; 10-17-2006, 02:01 PM.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

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      • #4
        Originally posted by cowpats35
        actually mommyof 4 yes he can because he is going to school and that IS a valid reason to quit your job. Most states allow fathers who are going to school leniancy because going to school shows he is trying to better himself. If you were so worried about making ends meet you should have thought about that before you got pregnant!
        Florida is NOT one of the states that is lenient about NCP's schooling. In Fl. a NCP can quit, go to school, whatever they wish- BUT if the court ordered CS is NOT paid, they will be held in contempt and jailed. Also, a NCP CANNOT get a reduction in CS due to going to school in Fl.

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        • #5
          Nope, as you should be aware, if you don't pay your support in TX for whatever reason, including quitting your job to go back to school, there will be consequences. What do you think your jail time was?
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

          Comment


          • #6
            www.supportguidelines.com

            Here you go Cow. Try to read the statutes. If a person is in school, the support will be ordered according to what the person can pay. Now, pay attention, you need to be aware that this is for the case of a MINOR THAT IS IN SCHOOL AND HAS NOT GRADUATED YET. Once the person graduates, the order can be modified to reflect the persons income. (In other words, the support order will increase). If a person is voluntarily or willfully unemployed or underemployed (this includes quitting a job to go back to school) that person's income will be IMPUTED (big word, I know) to get to the amount of support ordered. That means that if you quit your job and file for a modification, the court (or the AG, in your case) will use your past tax returns to see what you have been earning (and assumingly still capable of earning if you had not quit your job) and that will be used. So, no quitting your job to go back to school will not get your support order lowered. The person in question CAN go back to school, but that person will still be legally responsible for paying the amount of child support ordered.

            If you are so sure that you are correct, why did you go to jail for non- payment of your support order? I know it is hard for you to grasp this concept, but you are flat out wrong and no fantasy, argument or delusion on your part will make you right. Furthermore, this OP was asking specifically about NC child support. You have no idea what you are talking about in reference to TX child support law, much less NC. You have proven yourself over and over to be an idiot. I am done with you. Say "hi" to your new friends behind bars.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              You do realize that you are destablizing, right? You make absolutely no sense, but then, you never did. YOU are the one that stated you had only paid $55 since being released from jail 4 months ago and are getting ready to go back. I didn't make up your pathetic story. You did. A decent father would take care of his kids, come hell or high water. You choose to whine, moan, complain, blame and berate women for your failure as a MAN. No real MAN abandons his children, whether that be financially or emotionally. You lose on both counts.

              See, this is how it works...comply with the court order, if you have legal grounds to modify, by all means do so, take care of your responsibilities and amazingly...you stay out of jail. Why is that so hard for you to comprehend? Oh, and thanks for admitting I was correct. What was that bet again? Pay up.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment

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