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BM going back to school - Wants more CS

Started by Apple, Sep 26, 2013, 09:05:36 AM

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Apple

  BM informed DH today she plans on going back to school in the spring and will be reducing her hours to part time (not sure how many hours that means, she currently works about 32 hours a week and is considered full time).

She said she's going to request a modification in CS since she'll be making less money while in school.  She also plans on asking the courts to require DH to pay a portion (more than 50%) of any fees associated with extra activities for the kids.  DH/BM currently each pay for the ones they enroll them in, respectively. 

Below is the statute from our state that addresses underemployment, unemployment, and employed on less than a full-time basis. 

We don't know what she's going to school for, or for how long.  Currently she works fast food and makes $9.40 an hour.  My concern is DH will be hit with higher CS because BM can't handle school and working fast food (her current job) at the same time.   Would BM have to prove she'd increase her income after school is done? Subd. 3.Parent not considered voluntarily unemployed, underemployed, or employed on a less than full-time basis. A parent is not considered voluntarily unemployed, underemployed, or employed on a less than full-time basis upon a showing by the parent that:
(1) the unemployment, underemployment, or employment on a less than full-time basis is temporary and will ultimately lead to an increase in income;
(2) the unemployment, underemployment, or employment on a less than full-time basis represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child; or
(3) the unemployment, underemployment, or employment on a less than full-time basis is because a parent is physically or mentally incapacitated or due to incarceration, except where the reason for incarceration is the parent's nonpayment of support.

ocean

Many people work full time jobs and go to school. Argue (especially fast food place) she can work around her school hours and you are willing to "watch" child when she is at work/school. 

First write an email/text (for proof).
Have few questions about your plan to go back to school. How long is the program you are enrolling in and when would the classes be? Your boss won't give you hours around your college schedule? I am willing to have xx while you are at work/school.

Also, guessing that many places are making workers go under the 30 hour mark due to Obama care. If she is p/t then the company does not have to offer medical. Many companies here are doing that , so she may only get the 28 hours a week soon.

Ask for modification of visitation to include that when mom works/goes to college classes , child is with you before ANY other family/babysitter.
If you wind up going to court, get stipulation in there of how many activities at a time with good grades attached. Define it well depending on child.

Call her boss into testify. Would boss really say that she can not work around her college schedule. Fast food places do it ALL the time.