event after pre trial

[T0052SC]

I just had my pre trial last week.  The STBX tried to pull a lot with the judge which ended up not winning any browny points with the judge.  At the end we found that the STBX has over tripled her income since the temp hearing.  We asked the judge for a reduction in child suport.  The judge said she couldn't hear it now at a pre trial but wanted us to file a motion and it would be taken care of.

The problem now is that we filed a motion the following morning from the pr trial.  The day I received a copy of the motion in the mail the STBX was not at work (this was a sheduled day and time for her to normally work).  I think the STBX has quit her jobs so I will have to continue paying as much as I do in child suport.  

Questions:
If the motion is granted for a reduction what will the court do if she has quit these jobs just after the motion?
Will the court look at this a suspicious behavior since the STBX was happily emploied before the motion and then emediately after the motion quit her jobs?
Is there any way this will work to my benefit later?

[joni]

Ask your attorney that since you have an outstanding motion before the court, if you can subpoena her work records for pay, scheduled work hours and the date of her termination.  It should substantiate your claims of her funny business.  The judge won't be happy to see this.

Not a smart move....talk about shooting yourself in the foot.  After the display during your pretrial motion, did she not think the judge WILL see the forest for the trees?

[Lawmoe]

If the motion is granted for a reduction what will the court do if she has quit these jobs just after the motion?

The Court is unlikely to reduce child support. She has demonstrated that she has a far greater earning capacity and, as a result, if she is willfully underemployed, the Court will impute income to her based on that proven earning capacity.

[T0052SC]

I quess I need some clairification.  The court will most likely not reduce the child suport even though we have proved that she has a high earning potential, or will the court look at it as she has a higher earning potential and reduce the child support forcing her back into the employment pool.

[joni]

The court will see the forest for the trees, your Ex has already proven her higher earning potential and child support will probably be calculated as if she's working making higher money.  So child support would not be reduced because she quit her job or got a lower paying job.    

Because she has to pay high child support, she'll probably have to get a higher paying job to afford it.  But that is not by court order.

[Lawmoe]

I am sorry, I misunderstood, you are using a comparative income approach because of the custody arrangement.  The Court will not reduce HER child support. It is likely to impute income to her and use that to determine support which may result in a reduction of your support.  

[ksmomof2girls]

Let me get this straight.

YOU are wanting your Child support reduced because the Mom was making triple after the hearing...then she quit her job.

Am I correct?  Its not the Mom who is wanting the Child support reduced because she is paying for it. You, the Dad are paying the child support and you are wanting it reduced because of her supposedly higher income that she can maintain.

[T0052SC]

Yes my as the dad wants the child suport reduced because I am paying it and she has over tripled her income since the temp hearing.  Now I suspect that she has quit her job or decreased hours so her child suport that I pay will go up.

I just got a bunch of nasty grams today because she wanted me to pay a week ahead of time, which I couldn't because I don't have the money and wont write bad checks.  She is twist it around that I am only trying to hurt her because with out an early child suport check she can't get christmas presents.  She clains that the child suport is for her to be able to go out and buy the kids presents not to provide food, shelter, clothes and the essincials.