I have 50/50 custody of my child with her dad. At the time of our divorce, we both worked. However, the same year I was laid off. I'm fairly certain that her dad has also had pay raises in the 3-4 years since. I have not asked for a modification because I've been told "a friend of my friend.." stories where the non working parent ends up getting less child support because they're labeled "willfully under/unemployed". I currently (and since I was laid off) choose to stay home with my children as opposed to having them in daycare. Anyhow, the child support order is based on both of us having an income, which is not valid. I want to go to court and seek a modification, but I'm worried about this unemployed thing. Is there any merit to these stories?

Lets look at it this way. When the other parent quits their job should you be supporting them ?

Your making a choice. It doesn't matter that your "refusing" to work. You will be impuned at the level set by the child support order. Which means it will be as if you are working.

Georgia uses a form to determine support, Have you documented how many days or week you have the child and how many he does, because GA also determines how much you owe depending on how long each has the child.

In a very simple version, if you have no income, they do assume a base amount you could or should be earning, so they will not show or use zero as your income. But a set amount the state uses

Next don't expect that he got raises over the last 4 years unless he is union or a government employee, almost everyone I know has not received any raises, many have taken up to 25 percent cuts in pay. I know I have not received any raises in 4 years,

But a change is easy to request and often can be done without court appearance by merely sumitting papers to the court.

Love the attitude. Actually, the amount I currently get is LESS than what I'd pay out in daycare and I'm liable for 100% of daycare expenses.. which I provide myself rather than having my child in a center where she could pick up random colds and have no guidance other than "don't hit Jane, don't let Jane hit you, and don't stick that up your nose".

I'm really bothered by the attitude that being a stay at home mom isn't work.. it's actually the hardest job I've ever done, and I've done some horrible jobs in my life. Mind you, it's also the most rewarding, but still super hard.

I know about the form, and have downloaded a copy to play with. To be honest, I have the child more like 60%, since I keep her every day after school, even if it's not my custody period. I didn't however see anywhere in the spreadsheet to notate the time the child is with each parent.

I'm pretty sure he has had raises. Word of mouth and such.

To just submit papers to the court, wouldn't I have to get him to agree to a modification prior to submitting?

Also, would the fact that he remarried (thus increasing his household size and income) be considered at all?

Appreciate the answers. :)

timlesstime does not find this helpful : Grammar is unhelpful. Attitude is unhelpful.. no justification for opinions.



As much as you don't like it, it is the Law in Georgia.

(quote)
(D) WILLFUL OR VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT. In determining whether a Parent is willfully or voluntarily unemployed or underemployed, the Court or the jury shall ascertain the reasons for the Parent's occupational choices and assess the reasonableness of these choices in light of the Parent's responsibility to support his or her Child and whether such choices benefit the Child. A determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support but can be based on any intentional choice or act that affects a Parent's income. In determining willful or voluntary unemployment or underemployment, the Court may examine whether there is a substantial likelihood that the Parent could, with reasonable effort, apply his or her education, skills, or training to produce income. Specific factors for the Court to consider when determining willful or voluntary unemployment or underemployment include, but are not limited to:

(I) The Parent's past and present employment;


Ref:

Georgia Child Support Law - Attorney Trey Phillips (http://www.mygeorgiadivorceattorney.com/georgia-child-support-law.asp)

Yes, it is likely that the court will assign a estimated income, even if you don't have an income, they will normally assign at least a min income level according to many factors. But then a lot will depend on how much the ex will fight the changes.

Comments on this post
timlesstime does not find this helpful : Grammar is unhelpful. Attitude is unhelpful.. no justification for opinions.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

Not sure what you expected from this site, but we don't sugar coat things. Sometimes the truth is difficult to accept, but it's the truth anyway.

While I agree that parenting is a hard job, as Califdad posted, the law allows the court to determine whether a parent is choosing to not work and adjust support accordingly. You asked if there was truth to that and your question was answered accurately. While you have a right to respond to Califdad's comments you do not have the right, under our rules, to give him a negative comment.

Your negative comment was inappropriate and unfair. You owe him an apology.

I do not in fact owe him an apology. :) I am not REFUSING to work.. I'm choosing to be a stay at home parent, which is a legitimate choice. Feel free to have it removed though. I stand by my "NO, this is not helpful" rating.

Thanks for finding that for me. Here's the kicker - I was a stay at home parent prior to the separation, and only started working at that time. I only went to work because I felt I had to, but seeing as there is no need for my child to be in daycare, I choose to stay home. Surely then, this history would be helpful in my case?

I do not in fact owe him an apology. :) I am not REFUSING to work.. I'm choosing to be a stay at home parent, which is a legitimate choice. Feel free to have it removed though. I stand by my "NO, this is not helpful" rating.

Sorry, you DO owe him an apology. Your rating was wrong based on the site guidelines which YOU agreed to abide by when you signed up to ask your question. Also, I see absolutely nowhere where anyone implied at anytime that being a stay-at-home mom wasn't work or a hard job - maybe you need to reflect on yourself a little bit before jumping all over people for statements they never made.

The past doesn't matter. You started a job and are now choosing not to work and contribute to supporting the children. So by choosing not to get a job, yes - you are "refusing" to work. Nobody said that was a bad thing. But you need to realize that's not grounds to get an increase on your child support.