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Author Topic: Child support when NCP in school  (Read 2531 times)

MiRoCK

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Child support when NCP in school
« on: Jan 19, 2004, 01:19:55 PM »
My DH has an opportunity to go back to school full time and finish his teaching degree.  One of the issues we are facing is the child support.  We cannot afford to continue paying what we are paying if my DH is going to school full time.  How have courts, particularly in Texas, ruled on such an issue?  Do they force the NCP to continue paying at the higher rate, or do they recalculate it based on either part-time or student income?  If we have to continue paying at the current rate while hubbie is in school, he won't be able to take this opportunity.  Thanks in advance for feedback.


oklahoma

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RE: Child support when NCP in school
« Reply #1 on: Jan 19, 2004, 05:25:52 PM »
This is our experience in Oregon.  The courts don't care.  My husband (NCP) made the "choice" to go to school and become "underemployed."  There are supposedly exceptions; although we have tried to prove that our situation falls under more than one of them, CSE just doesn't listen.  Here is a little more of what we have been told.

If my husband had been making a lower-than-average wage prior to starting school, it would be an acceptable reason to go to college, to "improve" his and his family's circumstances.

CS may be lowered for school if there is a health or other reason--certified by a physician--that the NCP cannot work full-time or continue in his/her previous career.  My husband was injured on the job (construction), temporarily paralyzed, on full worker's comp for 8 months until he was declared "medically stationary."  CSE still didn't accept this as a reason to go back to school.

We also tried other arguments as well, not all related to school attendance.  CS in this state is just a joke--I could go on and on.  Not only did CSE impute my husband's potential income, they also added in his financial aid to calculate the amount.  We plan on doing something about this sometime--more than one attorney has told us CSE is off-base.  But until we can afford the attorney, we just pay what we can and let CS arrears accrue (and plan on our huge tax return going to CS to get us caught up.)

All that said, I would still encourage your husband to GO TO SCHOOL!  There are tons of resources!  Try fastweb.com.  It is a free service that sends you notices of scholarships, grants, etc. that you may be qualified for.  My husband found a scholarship that pays 90% of his costs.

It is not an easy road, but it is worth it!!  My husband went straight into construction after high school.  Started college just after his accident, and will finish his BS in just 2 1/2 years.  He is planning on attending law school this fall.  I am so proud of him.  And his children, especially my SDs, are proud that their dad is in school.  We have struggled financially--especially since our recent decision that I stay home with our children--but we have managed.  I am very proud of the fact that we have reduced our monthly bills by more than half what they were three years ago.

Child support is a PAIN!  I don't begrudge my SDs having financial support from their father, but they should not receive more than us.  If they lived with him, they would be living on less income and doing fine.  Anyway.... like I said, don't let CS stop you from pursuing an education, bettering your life and your children lives.

Peanutsdad

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RE: Child support when NCP in school
« Reply #2 on: Jan 19, 2004, 07:34:39 PM »
Ok, hers the problem in a nutshell.

CSE has absolutely no incentive to let your DH off the hook,, so to speak, nor lower his payment,, why you ask?

The federal gov gives the state 60 cents on the dollar collected by cse from ncp's.( someone correct me if I am wrong on the figure), If they reduce your DH's cs,, they also reduce their kickback from uncle sam.

SOME people do manage to obtain a downward amount, but those are fairly isolated. Still, apply for the downward mod. Wont get one unless you ask.

TheExsHaveIt

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RE: Child support when NCP in school
« Reply #3 on: Jan 20, 2004, 05:54:06 PM »
Well we don't know about TX BUT - my DH who is also NCP was severly injured on the job and not able to return to that work period!  So he goes back to school to finish education but it had 0 effect on his child support!  Jaw wired shut and two casts and he was told if he could go to school then he could work.

Just be careful!  You can always request a modification and maybe just maybe you will get lucky!  After all the BM will benefit after he finishes education!  That equates to she will be able to get more support!  Just be careful and you are in our thoughts and prayers!

Always celebrate family!

TheExsHaveIt but were trying to take it back.

mommy of three

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RE: Child support when NCP in school
« Reply #4 on: Jan 21, 2004, 05:32:01 PM »
My exhusband is currently attending school part time and working part time.  The CSEA would NOT lower his child support for this time.  He was working a few minimum wage jobs before returning to school but they still considered him "underemployed".  My ex is fortunate that I am understanding and want him to better himself because it is the kids who will benefit in the long run.  I decided to reduce child support while he is attending school.  Not many CP's are willing to do this though.  In our experience, the CSEA does not care what the circumstances are....they just want to collect.


 

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