MODIFICATION OF CHILD SUPPORT AND VOLUNTARY QUIT

[pm0826]

My ex was let go of his job. His termination document says under "Involuntary Termination Reason: Violation of Company Policy." He also didn't quailify for unemployment.

I checked on the Child Support services website and it says a person is not allow for modification if they quit their job. Under the EDD Law it says Constructive/Voluntary Quit is known as if somebody does something that is against employer rules.

Does anybody know more information about this? Is there a case I can present to Child support Services to have his request denied?

Thank you

[goddessoflubboc]

You can certainly tell them this was the reason for his job loss. However as long as he is unable to make payments they won't do much enforcing. Once he finds a new job then they can start collecting on arrears.

[pm0826]

I understand that, he has actually not made payments since May 2011. He submitted the modification for child support when he was let go. He declares unemployed from April 2011 to October 2011. I'm requesting to the court not to consider his request to modify, and apply arrears with the same amount, since he "voluntary quit". That's the reason I wonder if there is a previous case where this EDD law applied and was succesful as "voluntary quit" and not modifying child support.

In the intern he declared being unemployed, I have documentation of constant deposits to his bank accounts and paperwork of a new business he tried to start since Dec 2010, and so it seemed he worked on it for that period. His 2 credit card balances are less than $1,000 and car payments are up to date, which makes me believe he was making money on the side, and I also understand it's hard to proof.

[goddessoflubboc]

I can't imagine how you have such private information of his.

As I said you can bring it up in court, it's at the judges discretion.

[Friend In Court]

Originally Posted by pm0826 I understand that, he has actually not made payments since May 2011. He submitted the modification for child support when he was let go. He declares unemployed from April 2011 to October 2011. I'm requesting to the court not to consider his request to modify, and apply arrears with the same amount, since he "voluntary quit". That's the reason I wonder if there is a previous case where this EDD law applied and was succesful as "voluntary quit" and not modifying child support. In the intern he declared being unemployed, I have documentation of constant deposits to his bank accounts and paperwork of a new business he tried to start since Dec 2010, and so it seemed he worked on it for that period. His 2 credit card balances are less than $1,000 and car payments are up to date, which makes me believe he was making money on the side, and I also understand it's hard to proof.

The judges I have known, the cases I have seen, voluntarily quitting one's job does not cut a slice of ice with them as far as modifying or relieving from support. The rationale is that one has a duty to support their children and voluntarily quitting a job is shirking that responsibility and the court will not be a party to it.

His bank account records can be subpoenaed as well as his lifestyle documented, e.g. the place is living, how much he is paying for mortgage, utilities and where that money comes from. His credit card account and other credit records -- all these can be subpoenaed by the court as part of discovery of his income. When one does not voluntarily come forth with their income, the court has subpoena power to get these records and impute income to him.

Child support is based on one's earnings and ability to earn, so his occupation, past earnings history and for all you know, may be making more now on the side than he did from his previous job. The modification he is filing is an opportunity to get up to date earnings information and if he is working under the table, not reporting, too bad for him.

[pm0826]

The way I got most of this information is because he supplied these documents after I requested Discovery of Documents, which included a list of misc documents including copies of his bank statements, proof of unemployment benefits, and any other business related details. He also was due for an updated Income and Expense Declaration, which shows any credit card debts and car payments.

In regards to the ability to earn, his previous job as exec chef payed him approx $75k yr. Then he was unemployed, however deposits of approx $3K-$5k were made during that period of time, and he declared at court he had no savings and his partner was not working. In October 2011 he declared he got a job that payed him $13 p/hr. Which again it's hard for me to believe, why would someone took a job for $13 p/hr = $2,200 p/mo when you were making deposits of a higher amt. Hopefully the court sees this, as I see it. And at the same time, he has made no effort whatsoever to see our child.

Thank you for all your comments!