I have been divorced for 3 years now. I was a pushover when the divorce went through and we settled everything without a court hearing. He told me he could afford 200/mo for child support of our daughter and I agreed to it. Well I've struggled to keep up with bills and things we need since then. I paid an attorney a starting fee to file paperwork for a modification of child support for him. My ex called me and practically went ballistic on me, telling me that his job is ending at the end of the month and if this goes to court that I will get less than what he's paying now. He is enlisted in the military now and leaves in February 2011 for Basic training. I mentioned to him that if he voluntarily quits his job that he is still held responsible for the high pay that he quit. He has since told me that he has no intention of quitting, that he's going to "point out" (call in and get fired). He has been at this job for 7 years... this is his potential income right? He told me his lawyer said it's not considered his "potential income" because he doesn't have a degree.. which I'm hoping that he is just trying to bulldoze me and get me to settle with him for less than what he should be paying. Does anyone know? I really can't afford to pay an attorney 500 bucks if I'm going to get less than what I already get... I have a feeling he is lying to me, but I just wanted to get more input on the situation. He keeps claiming that his attorney says that his income will get based upon the minimum wage amount if he gets fired.. but my attorney says no. I'm torn by not wanting to fight with my ex, and doing what I need to do for my child. Anyone have any advice? I know I should listen to my attorney, but he's in it for the money too right? I still owe him 300 bucks before this goes to court.

Thank you!

Child support is based on actually income..

First stop talking to him, don't tell him what you are planning on doing till it is already done.

So he will be losing his job by Feb and going to basic training, if nothing else the payment can be based on that. You do want a garnishment of the pay, since the military is very good about sending it from his pay.

If your ex "voluntarily" leaves one job for another that pays less (which would include deliberately getting himself "fired"), then the court is under no obligation to modify the existing child support order. The challenge on your end is convincing the judge that your ex willingly lowered his income, not due to unavoidable circumstances. Another tactic is to have your attorney ask the judge to impute an income amount to your ex and base the amount of child support on the imputed income figure.

I just took my ex to court because he chooses not to work because of his new wife income... they inputed half of his wives income as his own and my child support doubled needless to say he has now LIED and filed they are getting divorced Good luck