Question about CS modification
Ok, so we got the letter from the CS enforcement agency saying that they were going to raise the CS amount and that BF can appeal that in court if he wishes. My question is, considering that BM was fired from her job in October of '07 (six months ago) and still doesn't have a job...what kind of outcome is most likely? BF is hoping that he can prove BM to be unstable and unable to care for SS adequately at this time, and the judge will grant him primary custody. Would a judge be more likely to do that or increase the CS payment to make up for her loss of a job? Does anyone have experience with this?
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in some states
In MN and some other states, you would have to check the laws, they use potential income for the parent that is unemployed or underemployed. So if the ex has a masters and could be making great money and chooses to work at a gas station, too bad, the court bases child support on what they could be making based on their education, job experience and the market in the area.
What state are you in? PM me, if you want and I will see what I can find with your states law.
hhmm
In MN, voluntary unemployed and fired are the same thing to some extent. MN considers involuntarily unemployed/underemployed only due to mental or physical disabililty acceptable. But stupid is not a reason for either.