Underemployment Question

[nosonew]

I feel NCP is underemployed. Until this summer, she has had employment that paid up to 21.25/hr (her last job) and has had 2 employers in 15 years. Until this summer. Currently she is making 6.60 hour per last pay stub. (Went from Medical field to Convenience Store).

I spoke with an attorney regarding this issue (free phone consult) and he stated per Kansas Guidelines if a person QUITS their job, their CS obligation will be imputed at their ability to earn.

She refused to tell me if she quit or was fired, so I had a friend call her employer for a verification of employment in which I found out her salary, job title, dates of employment and they stated "she is no longer there due to a mutual agreement to end employment" AND is not eligible for rehire.

So..

1) Does "mutual agreement" mean she QUIT or was FIRED?

Thanks.

[socrateaser]

>1) Does "mutual agreement" mean she QUIT or was FIRED?

I haven't a clue. You can subpoena her employment records and her previous manager to testify at a deposition and find out for sure. You can also subpoena just copies of the records and then based on the content of the records, decide whether you want to depose her employer or call him/her to testify at your hearing.

[nosonew]

Spoke with an attorney that specializes in child support (larger town attorney 80 miles away) who felt IF she quit, her income would be imputed under state law.

Well, I took the chance and emailed her and asked her the question. "Did you quit your job at XXXX or did you get fired?"

Her response via email was "I quit due to health reasons".

So, I guess I have to ask you this question (yes, will be calling new attorneys tomorrow as our long term one is not very knowledgeable about child support issues)...

1. Are there specific reasons a person can quit one job for health related issues, yet within 1 month get a job elsewhere with significantly increased physical expectations?

2. Wouldn't you think most people would use FMLA if there was a health OR mental related issue rather than quit?

THanks... have ALWAYS appreciated your help and honesty!

Oh, one more thing.. any suggestions when interviewing attorneys tomorrow? Questions to ask? THanks!

[socrateaser]

>1. Are there specific reasons a person can quit one job for
>health related issues, yet within 1 month get a job elsewhere
>with significantly increased physical expectations?

The obvious question is what are the heath reasons, and how do they affect her ability to find employment comensurate with her talent and abilities? You can ask the court to order her to either produce healthcare records verifying her inability to work, or submit to an independent health exam from a physician of your choice. You can also hire a vocational evaluator to assess her earning capacity.

Or, you can simply allege that she has the ability to work at the same pay and that she has intentionally unemployed herself in order to avoid paying child support, and then let her produce evidence to the contrary.

This is somewhat risky, because she may produce and you may not be able to defeat her position without some independent proof.

>2. Wouldn't you think most people would use FMLA if there was
>a health OR mental related issue rather than quit?

Calls for speculation. Best thing to do is just find out. Subpoena previous manager and employment records, and then you won't need to speculate.
>
>Oh, one more thing.. any suggestions when interviewing
>attorneys tomorrow? Questions to ask? THanks!

1. If you know which judge you will have, then the first question is how many times have you appeared before this judge and is there any reason to believe that your representing me may put me at a disadvantage that another attorney would not have before this judge.

2. How many cases of this sort have you handled and how successful have you been in imputing income.

3. I need to be actively involved in the decision making process. This means that you cannot just "take my case," because I will want to know what you are doing and why and I want to make the strategic decisions based on your candid advice. Can you operate under these conditions?

4. (this isn't a question). In evaluating attorneys, if you're at a toss up between more than one, the one whose office is closest to the courthouse is to be preferred, because it will save you money -- all attorneys charge their hourly rate for travel time.

[nosonew]

Oh, one more thing.. any suggestions when interviewing
>attorneys tomorrow? Questions to ask? THanks!

1. If you know which judge you will have, then the first question is how many times have you appeared before this judge and is there any reason to believe that your representing me may put me at a disadvantage that another attorney would not have before this judge.

2. How many cases of this sort have you handled and how successful have you been in imputing income.

3. I need to be actively involved in the decision making process. This means that you cannot just "take my case," because I will want to know what you are doing and why and I want to make the strategic decisions based on your candid advice. Can you operate under these conditions?

4. (this isn't a question). In evaluating attorneys, if you're at a toss up between more than one, the one whose office is closest to the courthouse is to be preferred, because it will save you money -- all attorneys charge their hourly rate for travel time.

Okay... thanks for the fast response!

#1  Our situation with a judge is this. Our local district judge recused himself after we proved 120 cases of contempt approx 5 years ago. He felt he couldn't "put this woman in jail". So... it was sent to a district judge one county over. He refused to hear the case and sent us to the case manager, who was given the ability to be "judge, jury, and executioner". Until she chose to NOT be involved in THIS aspect of our situation, we have not been before ANY judge since the last contempt hearing in which our judge recused himself. Whew.

So... the attorney we plan to get will specialize in family law/child support and be 80 miles from OUR town. 50 miles from District judge's town.

Question:

Where do we have court? BM lives 120 miles Northeast. Can we ask for a change of venue to the town where our attorney will be which will be the same distance for BM to drive there vs. here? (I want to save $$ wherever possible! Gas is NOT more expensive than an attorney! LOL) YET.

You are such a wealth of info... you have NO idea how much I appreciate this!

[socrateaser]

>Question:
>
>Where do we have court? BM lives 120 miles Northeast. Can we
>ask for a change of venue to the town where our attorney will
>be which will be the same distance for BM to drive there vs.
>here? (I want to save $$ wherever possible! Gas is NOT more
>expensive than an attorney! LOL) YET.

You need to check the county courthouse where the last hearing was held and see if the case file is still there. If it is, then that's where venue is located, and if you want to move it somewhere else, you must file a motion for a change of venue at the same time you file whatever other legal action you intend to take.

To get a change of venue, usually requires either some sort of prejudice or bias by a judicial officer, or the community in general, in the current county venue, or clear and convincing proof that the primary evidence/witnesses, or parties to the case are located in some other forum, and that substantial justice will be served by moving the case to that venue.

[nosonew]

:)