Does she have to work?

[dcurtain]

Happy New Year folks!

Situation: divorce is close to being final. The child support at the time of settlement was calculated based on my salary verus the S2BX's salary and set accordingly.  Since the settlment / court date, she has quit her job as a waitress / bartender and is working as a substitute teacher (averages 2-3 days a week), earning $70 per day. Of course, this has her earnings well below what they were at the time of the hearing. In April, which will be 6 months from the hearing date, the judge opened the door for review of C/S. My question is this, is she not required to at least maintain a certain level of income? My concern of course is that in April we'll be heading back to court and I'll be slammed with much higher c/s payments than what would be if she actually worked more than a p/t job...

We share joint legal / joint physical custody (50/50). I am actually ahead of the 50/50 by a tad. By the time April rolls around, I project to be 13 days ahead of 50/50, which will definitely be in my favor.  Which I guess might mean that if she does want to go back for modification, she might just be surprised to see that she's supposed to pay me since I will have had the kids more than 50% of the time...

Maybe I'm worried about nothing...

Thoughts?

Thanks in advance.
p.s. We're in Michigan.

[MKx2]

Happy New Year to you too!

Now ... quit worrying!  She VOLUNTARILY quit her job.  Unless you get a real jerk for a judge, her income will be imputed at what she WAS making.

The courts really don't like it when they see someone becomes voluntarily un/under-employed in this type of a time-frame ... it absolutely smacks of "gimme more/lower my CS payments" depending upon whether it is the CP or NCP.

You're right ... if you go back to court for a modification in April, and you have the children more than at the time of the decree she may be in for a suprise.  However, don't be surprised if the judge calls it a wash with no CS payable by either of you.  Don't forget to DOCUMENT everything with regard to the time you have/she has the children.  Just because the divorce is final/nearly final, doesn't mean that you shouldn't continue to keep impeccable documentation.  A bit of a pain, but it will cause you far more pain if you don't do it!

I'm sorry she's done this ... in the end she will only cause herself and the children some sadness and some aggravation for you.

I'm glad that things are working out for you and the children -- and that they have both of their parents actively involved in their lives.

Be well and go safely!

[dcurtain]

Mucho Gracias, M...

I've documented, and will continue to do so. I'm tracking the overnights and have actually had a couple of disagreements with her on them. (She had recorded I had them a couple more overnights than she did - she was looking for more days...perhaps to get ahead of the game?)...

I'll stop worrying 'bout this one...    ;)  

Thanks again for your help and guidance...