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pavulon 01-21-2020 02:48 PM

Child Support payment question
 
To those who might know:

If a divorced parent is fired from employment and receiving child support from their ex (calculated from their income difference), is there an avenue for the newly unemployed parent to now collect more child support based on the same calculator? Also, what is the obligation of the newly unemployed parent in seeking new work?

rattlsnak 01-21-2020 03:04 PM

I think it's different state by state but a friend just went through this with his ex. She (or the person who got fired) will have to go back to court to seek adjustments and the judge looked at why she wasn't employed (was she fired or did she quit or was she laid off -as in collecting unemployment) and if she was able to find work again, (had to prove she has been on interviews, etc) and then it took @ 3 months for it to get on the court calendar so the lawyers tried to work it out ahead of time which could mean mediation, etc. and he denied that and just waited it out. He won, but it still cost him a few $$$ in court/lawyer costs. The judge saw right through her and figured she was trying to do this just to get more money as she able to work and was still making car payments etc.. live in boyfriend - no financial hardship, etc.). and most states have a clause that states you can only go back to court over an issue once every two years. This happened at 2 years and 1 month. How convenient?

Rot 911 01-21-2020 04:50 PM

rattlsnak pretty much covered it.

john70t 01-21-2020 04:58 PM

So most of the states go by income review every 2 years?

legion 01-21-2020 05:00 PM

Quote:

Originally Posted by rattlsnak (Post 10727131)
I think it's different state by state but a friend just went through this with his ex. She (or the person who got fired) will have to go back to court to seek adjustments and the judge looked at why she wasn't employed (was she fired or did she quit or was she laid off -as in collecting unemployment) and if she was able to find work again, (had to prove she has been on interviews, etc) and then it took @ 3 months for it to get on the court calendar so the lawyers tried to work it out ahead of time which could mean mediation, etc. and he denied that and just waited it out. He won, but it still cost him a few $$$ in court/lawyer costs. The judge saw right through her and figured she was trying to do this just to get more money as she able to work and was still making car payments etc.. live in boyfriend - no financial hardship, etc.). and most states have a clause that states you can only go back to court over an issue once every two years. This happened at 2 years and 1 month. How convenient?

And in Illinois, the man must pay. Period. Even if it was a scam, the SJW judges here would still make the guy pay. Similarly, women are awarded full custody pretty much unless there are criminal charges pending against the mother for child abuse.

Crowbob 01-21-2020 07:30 PM

The degree of judicial involvement varies from state-to-state, judge-to-judge and parent-to-parent. I was at war for 10 years (about parenting time not about child support) but my friend Joe (rest in peace) never exchanged even one cross word with his ex.

Were I to guess, Chris' post is closer to the norm.


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