Ask Me Help Desk - Child/Spousal support ex quit job

Child/Spousal support ex quit job

So I live in the state of Oregon. Married 19 years now divorced. My ex worked for a company for 20 years he was ordered to pay child and spousal support. The kids are 14 and 16. He remarried and now has a duel income. He decided he no longer liked his job and took another position at another company cutting his pay in half. So now I am receiving half of what is court ordered. He would not have been able to afford to quit his job if he hadn't remarried. He is also $8000 in arrears.
If I take him back to court will the courts look at just his income or look at the household income. And force the new wife to contribute to support payments to meet the court ordered amount. The state of Oregon has been garnishing his wages but the laws only allow 50%.
Thank you

They may look at family income to determine the amount of the award, but they will not require his new wife to contribute. His support obligation is his alone.

He cannot legally pay less than the court ordered. But if he cut his income, and the wage garnishment had to be reduced by law, then you have to go after other assets. If he doesn't pay what the court ordered, then his arrears will just mount up. Talk to the Oregon agency that is collecting support. They may be able to attach a joint bank account.

However, this is a sort of loophole in the system. If a parent decides they are willing and able to quit a job and stop working or work for less, there is little the court can do about it.

Quote:

Originally Posted by ScottGem

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However, this is a sort of loophole in the system. If a parent decides they are willing and able to quit a job and stop working or work for less, there is little the court can do about it.

I don't know about Oregon specifically, but if this is a voluntary reduction in income, it would seem that the obligor is in contempt of court.

Quote:

Originally Posted by AK lawyer

I don't know about Oregon specifically, but if this is a voluntary reduction in income, it would seem that the obligor is in contempt of court.

And the court may take that into account in decided whether to lower the award. But it will not be easy to prove that it was done just to screww the other parent.

While I see where AK is coming from, I know where I am this is not contempt. You would have to look for other assets to try to attach a lien to. If his income is already being garnished I imagine any tax return is already going to be grabbed as well but you can check on that. It is up to the NCP to go back to court to ask for a reduction so until that time the arrears will keep adding up. Until the oldest reaches the age of majority the amount owed will remain the same (unless he gets it reduced). After that time the current amount due will likely decrease but because of the arrears the same amount will still (most likely) be garnished until he is caught up.

Child and Spousal Support in Dissolution of Marriage Cases

I reviewed this link and did not find anything allowing a judge to take a current spouse's income into consideration determining support. So based on that, I would look for other assets he may have to collect on. I have seen a couple of cases where the custodial parent went back to court for a modification and ended up getting less awarded to them in child support. It was basically the same situation but in Indiana rather than Oregon.

Quote:

Originally Posted by ScottGem

And the court may take that into account in decided whether to lower the award. But it will not be easy to prove that it was done just to screww the other parent.

It doesn't matter if "he no longer liked his job" or wanted to "screww (sic) the other parent". It only needs to be shown that he quit (rather than got fired), and a comparable job is not available. If that can be shown (and this is my point), the remedy might be throwing him in jail until he agrees to remedy the problem.

Thank you everyone for your help. The whole thing is just infuriating. When I found out he quit his job. I looked and saw that his place of employment was trying to fill the position. So he was not forced to quit his position. I'm trying to look at this from a logical point of view. I do find it odd that he has not gone in for a modification. Makes me question why he has not done that. He may be worried about the parenting plan. He has had our daughter 2 nights in two years and he is suppose to have her 25% of the time and he has just shortened the weekends my son spends with him by a night. Due to the fact our son has developed a kind of epilepsy that puts him a At a high risk of seizures in the morning. So based on all that he would have been told to pay even more support than he is.

There has also been a huge change of medical insurance. We went from no deductible to him choosing a different plan where I now have to come up with money for a $3000 deductible.

The whole thing makes me crazy. Knowing that he is able to afford trips to Italy for three weeks and Mexico. While I'm sitting in a house that's being foreclosed. Haven't held a real job in over 16 years. Have a son with health problems and a daughter who has mental health issues.

It's been very difficult to try and stay rational when a larger part of me wants to sue his and make him pay. My lawyer had been practicing family law for twenty years and said he has never met a bigger than my ex.

Quote:

Originally Posted by Ronniroos26

... When I found out he quit his job. I looked and saw that his place of employment was trying to fill the position. So he was not forced to quit his position. ...

His quitting, instead of being fired, is not the only logical conclusion from the fact that they didn't have a replacement waiting in the wings.

Quote:

Originally Posted by Ronniroos26

... My lawyer had been practicing family law for twenty years and said he has never met a bigger than my ex.

Bigger what? (Not that it really matters)

Bigger than him. Like you said not that it matters.

A bigger butt

You have a lawyer, and I am sure he has told you the court process may be a lengthy one, and its separate from your financial challenges. Is he also handling your financial concerns too? Is your husband legally bound to your mortgage?