Downward Child Support Modification?

[SLYarnell]

Dear Soc,

You might remember,  DH has a California case where his daughter (13) lives with guardians as her mother is deceased.  
After a long expensive custody battle the "host parents" were awarded custody and child support of $898.00 a month and $50.00 monthly arrears. (Arrears were from date of filing DH was current with ordered support at time)  
Their income didn't matter nor did their expenses, support was figured on DH's income alone.
DH has now been laid off from his employer and the chance of him getting another job at the same income level could be slim.
I want him to file for a support modification, he says the court isn't going to care that he cant make the same wages, he has proven he has the "ability" to do so by doing it for the past 3 years.

Question:


We live in the Seattle area and the company he was laid off of is a major high dollar employer that it can be shown that even new employees are not being brought in like the past years hires were, the raises, bonuses and stock grants of the past are no more.

If he is looking for work at the same level and can show such, will the court consider a downward mod or are we wasting our time trying because they truly don't care?

Thank you!

Sly

[socrateaser]

>If he is looking for work at the same level and can show such,
>will the court consider a downward mod or are we wasting our
>time trying because they truly don't care?

The court can use earning capacity to impute income to a support obligor only if the obligor is unwilling to seek work comensurate with that earning capacity.

So, if you file for a mod, then, for as long as you prove that you are actively seeking employment and are unable to find it, then court must use actual income, or minimum wage, because everyone is presumed to be able to find a 40 hour per week minimum wage job.

Personally, i would file for the modification -- it can't possibly hurt.

[wendl]

Sly,

I would file the mod too.

We both know (as we both live here) that your DH in no way going to be able to find another job paying what his prior employer paid. That was the biggest employer  in our state for the line of work dh is in.

**These are my opinions, they are not legal advice**