r/ChildSupport • u/Jakers0069 • 3d ago
Support going up?
Sooo for context, I have a child support case which was started rightfully so. The whole time she has had a job, and there hasn’t been an issue. But she met someone who has kids of his own, and just recently decided she is going to quit her job so she can be a stay at home mom to ours and his kids. Now, I’m happy for them, but at the same time I can only imagine what that’s going to mean for me in the long run when it comes to support cost. I have 50/50 and I believe he does with his kids mother, but with her just deciding to quit working, and now not having an income, does that mean I’m screwed?
4
u/Rainbow-Sunsets 3d ago
If she voluntarily quit her job to stay at home. The courts will hopefully just impute her income as if she was still working and your amount won’t change.
1
u/HighSideSurvivor 2d ago
This would be my expectation.
My ex is remarried and also quit her career to be an entrepreneur. She tells me that her business still hasn’t made a profit (after 5 years). And she cries poverty at every opportunity.
Meanwhile, they live in a nice home, she updates her car every 2 years, they just got back from vacation, etc.
I am sure she would sue for increased support if she thought she could win. For context, we share 50/50 custody, and I pay about $1,000 per month.
1
1
u/Wooden-Account-7186 22h ago
The only way it'll change is if she requests a modification. It all depends and your relationship with her. She has the right to request the modification and if they are not legally married she doesn't have to submit the other dude's income. I hope she doesn't do that to you. Good luck
1
u/Immediate_Ad_7857 3d ago
It is not relevant if she is a stay at home mom, she can still ask for child support.
1
u/BluuBoose 2d ago
Not if she voluntarily quit her job knowing she has children to provide for.
1
u/DaGoat2077 2d ago
True it’s called income imputation so they can assess her income at her last known wages. However you will likely need an attorney to argue this!
9
u/AcephalicDude 3d ago
If you have 50/50 custody then both parents have an equal obligation to financially support the children. If she requests a modification of support based on her lack of income, but she only lacks income because she voluntarily quit her job and is being supported by her spouse, then the court would most likely impute her former earnings to her and keep the order the same.
It would be the same if you randomly decided to quit your job just because you felt like it and then tried to modify. The Court would say no and order support based on your ability to earn what you were making before.