Reguarding Child Support (my ex-wife lost her job)

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Old Jan 2nd, 2012, 02:35 PM   #1
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Default Reguarding Child Support (my ex-wife lost her job)

My Ex-Wife has been out of work for nearly 5 months,I assume she was fired since she didn't go get unemployment. I really think that she has not even bothered to go look for work because her family is very wealthy and she is the type whom cant be bothered to work.

But my question is, Can she take me back to court to try and now get more child support out of me because she is not working? Trust me I don't mind paying for my daughter as long as it goes towards my daughter and not her and her boyfriends party time.

Since she lost her job I have since put my daughter on my insurance which is an extra $200 a month so all in all I pay $child support + $Insurance
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Old Jan 2nd, 2012, 02:50 PM   #2
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Default re: Reguarding Child Support (my ex-wife lost her job)

I wish to inform you that since your ex-wife has been out of a job for 5 months, her income has come down substantially. She may, therefore, make an application to the court for modification of child support either on a temporary basis or on permanent basis. The burden of proof will be on her to show that additional child support must be paid. You may inform the court that since she lost her job you have put your daughter on your insurance (additional $200 a month). You may inform the court that she is from a wealthy family. You may express your fears that additional child support may not be spent on your child. Rather, it may go towards your ex spending it on her boyfriend. You may request the court that she must account for the money received in child support to show that money is being actually spent on the child. The court considers the best interest of the child. The court will consider all the facts and decide the matter.

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Old Jan 2nd, 2012, 03:59 PM   #3
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Default re: Reguarding Child Support (my ex-wife lost her job)

When you say inform the court are you meaning if we went to court or meaning I call teh clerks office and inform them?

Oh BTW I just found out from a friend, Weird how I post this and then hear this today out of the blue. But I found out she did get a job right after she was laid off/fired and after one month just up and quit for no reason. That may help out too if we went to court?

Thank you for the info.
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Last edited by abrandt; Jan 2nd, 2012 at 04:02 PM. Reason: added update
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Old Jan 2nd, 2012, 05:49 PM   #4
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Default Re: Reguarding Child Support (my ex-wife lost her job)

Courts don't arbitrarily allow mothers to ask that the child support they receive be raised simply because they themselves do not wish to work.

Child support is computed using both parent's ability to earn. Not just one parent's ability.

So it's not likely she'll get her request granted unless she can show she's unable to work herself.
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Old Jan 2nd, 2012, 05:59 PM   #5
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Default Re: Reguarding Child Support (my ex-wife lost her job)

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Courts don't arbitrarily allow mothers to ask that the child support they receive be raised simply because they themselves do not wish to work.

Child support is computed using both parent's ability to earn. Not just one parent's ability.

So it's not likely she'll get her request granted unless she can show she's unable to work herself.
That makes complete sense. I really wish there was a way to make her account for the money each month. Just because I know her past and how she is accustomed to just blowing money and cant save a dime or even shop at a thrift store for the life of her. Heck after our divorce I couldn't afford anything and more then half my daughters jammies and crib, etc came from a thrift store..

Thank you for the reply
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Old Jan 2nd, 2012, 08:11 PM   #6
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Default Re: Reguarding Child Support (my ex-wife lost her job)

First I'm trying to figure out which is it - she comes from money or she needs your little $200 for spending money??

Further, if your child has food, shelter and clothes she's doing her job.

If your child is going hungry, barefoot, or has no bed, well then why the heck haven't you called childrens services??

With a whopping $200 a month (and for the moment we'll pretend that's half of what it costs to raise a child) there's not much she can do.
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Old Jan 3rd, 2012, 12:34 PM   #7
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Default Re: Reguarding Child Support (my ex-wife lost her job)

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First I'm trying to figure out which is it - she comes from money or she needs your little $200 for spending money??

Further, if your child has food, shelter and clothes she's doing her job.

If your child is going hungry, barefoot, or has no bed, well then why the heck haven't you called childrens services??

With a whopping $200 a month (and for the moment we'll pretend that's half of what it costs to raise a child) there's not much she can do.
The OP clearly stated that the $200 is in addition to the child support money he's already paying. The $200 dollar figure comes from insurance.

The answer to the question is: Yes, she can revisit court for a modification, but it's not likely she'll win merely from not choosing to work herself and therefore asking more money from the father of the child.

Legally speaking, she can petition the court but in reality, the judge will take into consideration her own earning ability and judge accordingly. It's not likely your child support will increase as a result of her petition, but then stranger (more atrocious) things have happened in family court by less than rational judges.
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Old Jan 3rd, 2012, 01:11 PM   #8
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Default Re: Reguarding Child Support (my ex-wife lost her job)

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Originally Posted by abrandt View Post
My Ex-Wife has been out of work for nearly 5 months,I assume she was fired since she didn't go get unemployment. I really think that she has not even bothered to go look for work because her family is very wealthy and she is the type whom cant be bothered to work.


But my question is, Can she take me back to court to try and now get more child support out of me because she is not working? Trust me I don't mind paying for my daughter as long as it goes towards my daughter and not her and her boyfriends party time.

Since she lost her job I have since put my daughter on my insurance which is an extra $200 a month so all in all I pay $child support + $Insurance
Your ex may not be getting unemployment for any of the following reasons; she does not have enough quarters in to qualify, was fired, quit her job, or is not looking for new employment.

Support is based upon the earnings and earning ability of the parents meaning if she is fit and able to work, the court may not be hasty to recalculate support. If she quit her job, "tough" will be some judges' response. She will have to document the reason why she is unemployed, what her expenses are, any contributions she gets towards her support from family, 'gifts' from boyfriends and if you can document her lifestyle, that will be a help showing she has more resources than the job she left.

One can petiton the court for a change, but that does not mean they will get it.
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Old Jun 13th, 2012, 03:32 AM   #9
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Default Re: Reguarding Child Support (my ex-wife lost her job)

I have our children more than she does. we live in California. she did get unemployment and showed so on the document she filed against me wanting child support. she also showed some new debts she has accrued since our divorce. she was in the banking industry for 13 years. she speaks 2 languages and held a possession of bank manager. after our divorce she got fired. I have printed out 9 pages off craigslist for jobs she could qualify for and 13 different bank jobs she should could apply for. i only searched 3 banks out of a plethora of banks in our area. i will provide this to the court as well.
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