I quit my job to go back to school, I live off students loans and my national guard drill pay. I know I will have to keep paying some child support but I didn't know that if I quit my job the Child Support Recovery Unit automaticaly keeps my income level the same.
She got her chance to go to school while I supported her, why should I still pay 435 a month for support when I am going to school to get a better career? Why do I have to use student loans to pay child support? Can I challenge this decisions by child support recovery and win? Or will I just waste time and money? I am in Iowa
Well I was not clear, my intention is not to quit paying child support, I have a fmaily now, my schooling will be paid for the most part with little use of student loans, I don't have to work so I can devote all of my time to studies and taking care of my other child that lives with me while my wife and I both are in school.
My ex, has a husband, they make plenty of money, they do not need my full amount of child support, I do understand that the courts see it as someone doging support obligations
I am not an idoit that will leave my child haning, and yes I did support my ex why she went to school, she lived in government housing, and had grants so she didn't have to pay for school, I gave her a car and paid child support.
Now she dropped out of school, got married and her husband makes plenty of money plus they both work.
I see how the mother gets great treatment over the father
I just want to know if its worth even looking into

I think it would be a waste of time. But consult an attorney. They would know the specifics of Iowa laws and also how those laws are typically enforced in your county. Maybe, a sympathetic judge would allow you to defer support until you have the better paying job. (But I kind of doubt that.)

Because some parents quit their jobs in order to avoid paying child support, the law avoids having to guess the parent's intentions by assuming they are capable of making however much they were making before they quit their job. This is called "imputed income."

Here are a couple of solutions. If you are certain you will be making much more money after your schooling and you cannot work now, you could borrow more money at student loan rates--which are extremely low--to pay the child support now, and then pay that back after you are out of school.

On the other hand, many adults and teens work part time or even full time while going to school, so presumably you could too. Parents, both married and unmarried, sometimes go back to school while working and sometimes also caring for children. As far as fairness is concerned, if your spouse took care of the children while going to school that would have filled the time that would normally go to a job.

I would recommened getting a part time job to cover the $435 a month, which your ex needs to help pay for food, clothing, utilities, and rent for the children. If you can earn $10/hour, you could cover the support by working about 6 hours a week (and pay income tax on it). That should leave you plenty of time for studying and attending classes.

Good luck with your schooling! I hope you won't let this set back deter you from finishing school.
Asking

Can't answer in Iowa but until your child support is lowered by the Court in NYS you owe the full amount, employed or not employed.

You pay $435 to "her" because your children need to eat and wear shoes whether you are going to school or not and because that's what the Court ordered. They can't stop eating until you get a better career going.

You can always go back to Court, don't need an Attorney, try to get the amount reduced.

I really can't believe you have to ask that question.

Do you believe your obligation to your children stops because you want to do something else?

It's good that you want to better yourself, but that doesn't mean you stop providing for your child(ren). There are many of us on this board that have gone back to school. Most of us couldn't afford to quit our job to do it, so we had the fun experience of working and going to school full time. It sucks; it is hard; you basically have no life for about 4 years - but it CAN be done.

I agree with Judy in saying that you didn't take care of "her", you were fulfilling your obligations as a parent. That goes all around, when we as parents are sick, in a bad mood, tired, or dead broke, we are not exempted from our duties as a parent. It's noble to go back to school, but you don't get a free pass on parenting while you're doing it. Parenting is all about sacrifice.

I had this discussion with my son's father about child support: He doesn't feel he should have to send anything because "he's got other stuff to do with his money while he gets his life back together after our breakup." Well, my son still needs to eat, needs to be in daycare so that I CAN WORK, and he's constantly needing new clothes. I don't think my son's "donor" should have to pay for MY living expenses, but he should have to pay his share of the baby's.

So as Judy suggested you can request a reduction, but also as Asking suggested, there are ways for you to make SOME money while in school. But as a mother, anything I have is my son's too. So if I had to dip into school loan money to feed him, I'd do it in a hearbeat! I don't always feeling like going to work but I do. In short, you need to get a job. You CAN work and go to school, I did.

OK-let me try to explain what the logic of CS is:
You earn $1,600 a month and you have to pay $435... You VOLUNTARY decrease your income/notwithstanding your purpose/.Judges are unwilling to reduce CS based on voluntary DI.

Why is it a custodial parent can choose not to work and go to school, and $0 income is accounted for but when the noncustodial parent wants to do the same there are double standards? If a noncustodial parent is still required to pay, why isn't the custodial parent forced to work or pay while attending school? The legal system does not treat custodial parents and noncustodial parents with the same standards/expectations. When have you seen a custodial parent go to jail for not working? It happens all the time to noncustodial parents! BOTH parents should be held financially responsible, not just one (usually the noncustodial parent)!!

The parents are held the same standard. But it's the track record that matters. If the custodial parent has been staying home and taking care of the kids for 10 years already--or working part time, or taking low level jobs that allow him to take days off when the kids are sick, or had to quit his job when the non custodial parent got a promotion and had to move to another city; if the custodial parent generally hasn't made any progress in his career because of having made specific financial sacrifices in order to be a there for the kids, then he isn't expected to suddenly become the high-earning non custodial parent.
Likewise, the higher-earning noncustodial parent isn't expected to suddenly decide he wants a laid back life style--quit his job, travel, go to school, take up surfing, whatever.

To restate it, the custodial parent doesn't get to pretend he never had kids, not get up in the middle of the night to comfort a sick kid, not show up to pick them up from school, and instead take a 70 hour a week job that pays six figures. The non custodial parent doesn't get to pretend he never had kids and quit his six figure job to spend full time playing pool, going to concerts, and singing in the local choir---like my ex did (while I raise his kids and work too while dealing with a broken back). Does it make sense yet?
Just Asking

Don't agree with you - it is the job of the custodial parent to make up the financial difference between what the child needs and what the non-custodial parent provides while being there pretty much 24/7 for the child.

Non-custodial parents don't go to jail for not working - they go to jail for not paying child support.

If the custodial parent has never worked or has worked at a low pay job while raising children that person should not be forced to work a second job to make the salaries and, therefore, support equitable. If both parents were pretty much equal and then the custodial parent quits working, sure, then I see your argument.

I would guess you're the non-custodial parent and think the custodial parent is taking advantage?

Hello James:

You're missing something pretty basic here - and they don't teach that in college. Go back and ask your mom what you're doing wrong here.

excon

Boy do I ever agree that they don't teach this in college!

My university professor ex who retired early to reduce his child support has always believed that he should not have to pay anything towards his children's care. And these are children he supposedly desperately wanted, bullying me into a second child I wasn't sure I could handle because of a serious back problem.

He has lots of schemes for me to have more money, such as taking in boarders or selling my home, so that he wouldn't have to pay child support, even though I have no pension or social security for when I'm older. Meanwhile, he is in excellent health and recently retired from a tenured university job, has a great pension, plus social security, and health insurance all paid for by his former employer, plus extra income from investments and rental income, and no mortgage or car payments. I don't ask for any of that, just about two-thirds of the child support payment calculated by one of those online support calculators. Despite all that, this politically liberal man still doesn't want to pay ANY child support! Whatever he's paying he think is too much. I give in a little to get him off my back, and six months later, he's trying to lower it again. I give in again to keep the peace and he's back 3 months later about something else he doesn't want to pay. If I say know, he harasses me with dozens of emails a week and daily phone calls, and if I don't respond to these he goes around telling people, especially my kids, that I won't talk to him and refuse to coparent.

Meanwhile, I have two teen age sons who want all the things their friends have and I just have to keep saying no. I feel we live okay--we aren't poor--but I see how other parents lavish stuff on their kids and I feel embarrassed by my ex. My kids take an old scratched computer monitor to their dad's house to use with his computer whenever they go over there because he won't buy one. He uses a laptop he stole from the university. The boys are starting to realize that their father actually CAN afford things like that, and have started asking questions. I am not supposed to bad mouth him, but it's hard to know what to say.

Sorry for the rant... I have had it today.:eek:

I know there are a lot of great dads out there who never do any of this stuff.

Asking

I suspect that your children see the situation exactly for what it is - and if they don't they will shortly.

Every time I get in my "justice will prevail" mode I hear something like this and fall off my high horse.

(His suggestion that you take in boarders really is a classic - )

James - just because you have moved on with your life and now want to do something different and don't have any money to "squander" on your kid(s) - please remember one thing - you were there when they were conceived weren't you? They are your flesh and blood regardless if you are now with their mother or not. Are you ready for when they grow up and ask you the big question of "why didn't you help me financially when I was a kid growing up?" How are you going to answer them. Seriously, how are you going to answer them? Are you just going to change the subject and whine that their step dad made a bazillion dollars and you felt you didn't have to part with any money?

Sure, go back to court and try and get a reduction based on the fact that you are not working and going to school. I'd like to be a fly on the wall when the Judge tells you an emphatic "NO".

That's great that you have a new family. However, that does not release you from your obligations to your child(ren) from the first relationship. Just because your ex is remarried, you are still responsible for providing for the children, unless you sign over your parental rights and allow her new husband to legally adopt them. It is not up to you to decide what the children need, the courts have determined that already. You are missing something very important here, the child support is for the CHILDREN. Just because you decided to pursue higher education doesn't give you the right to pawn your responsibilities off on the next man. Also, you keep mentioning what you did for your ex in the past. Bravo. That still has nothing to do with you taking care of your kids. James, you don't get a pat on the back because you used pay child support. You're SUPPOSED to. It's not about the mother getting treatment over the father. I'll bet that $435 goes a lot quicker than you think when it comes to buying the things they need. And honestly she's probably coming out of pocket way more than that because they live with her. Sure you account for food and clothing. But you're also responsible for a portion of their living expenses (ie. Utilities, rent, insurance) because the children are using a portion of these things. The bottom line is this: You have children, so you don't have the luxury of just deciding not to work and thinking another man should have to pick up your slack.