Change of Circumstances??

[Detter D]

Update on circumstances:

My ex has children one more night than me in custody arrangement.

Also I am limited to EOW and a weeknight eow.

Change of circumstances:

We went to court in January 2004 and child support was decided
on a calculation.  She worked from October 1, 2004 until she
received her first child support check February 1, '04.
She was making 40,000 a year and they credited this in the
amount of $100 a week less child support because she was
employed.  Now I want to know is......






Now my ex has been "fired" from her job...(all too convenient if you
ask me), nontheless, that is the fact.

1.  Will the fact that my ex has been fired from her job, constitute a
"change of circumstance"?

2.  If so, will this change the calculation that they did a month ago?

3.  Is there any way I could find out if she was fired or quit,,or does
this matter..?  (Really curious)  

4. Will they recalculate the formula, because she now will not have
that income.?

5.  Is there such a thing as imputing that salary she made, into
a calculation that she is able to make this amount of money?

6.  Will this change my support payments..I was credited with a
$100 a week because she worked...now what?

[socrateaser]

>1.  Will the fact that my ex has been fired from her job,
>constitute a "change of circumstance"?

Yes.

>2.  If so, will this change the calculation that they did a
>month ago?

Depends on the jurisdiction. Every State calculates support differently.

>3.  Is there any way I could find out if she was fired or
>quit,,or does this matter..?  (Really curious)  

You can subpoena the employer to testify and to bring all of the  employment records to court.

>
>4. Will they recalculate the formula, because she now will not
>have that income.?

Yes.

>5.  Is there such a thing as imputing that salary she made,
>into a calculation that she is able to make this amount of money?

Yes, assuming that the controlling law considers her income in the support calculation guideline, then if you can prove (1) that she has talent and ability to work, (2) that work exists in the local market comensurate with her talent and ability, and (3) that she is willfully failing to obtain such work, then the court MUST impute the fair market value of her earning capacity into the guideline support calculation.

As a practical matter, you will probably not be able to do this without an attorney, unless you are VERY adept with courtroom procedure. But, it can be done.




>6.  Will this change my support payments..I was credited with
>a $100 a week because she worked...now what?

The past is history...a new day dawns.