BM is quitting her job. Should my husband pay more?

Margarita - posted on 12/05/2014 ( 2 moms have responded )

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I hate to ever.. EVER question weather child support should be paid but I really need some guidance on this one. My husband currently pays 38% of his income in child support. His support is based on his daughter being in all day care. 2 years ago she started school and the cost of daycare went down by 60%. That would have made a difference of about $150 in support but as long as the extra was going towards their daughter and we were still making ends meet, we didn't really care to make a fuss. Now his ex has quit her job and decided to enroll in school again. I think it's wonderful of her to want to better herself but she is asking that he now pay for 100% of the daycare and also pay more in support because now she has no income to cover her portion of their daughters expenses. Is this fair? I agree she should be able to go back to school if she wants but is it fair for her to be allowed to transfer her financial responsibilities toward their daughter over to my husband for 2 years while she goes and gets a second degree? Shouldn't mom have to figure out how to provide her portion? Let me also tell you that his ex already has a degree. She has decided that her job isn't what she expected and wants to train for a different one. My husband never got to go to college... He can't because he has a child to support. And if he did choose to quit and go back to school, he would still be responsible for supporting his child.
I honestly want to know if I am totally out of line.
P.S. We are thinking of talking to a lawyer but we are hesitant because we can't afford it and we don't want to fight.

2 Comments

View replies by

Michelle - posted on 12/05/2014

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You need to get the support amended. Get yourself a lawyer and make sure he gets it all in writing.
She will still need to help support her child. If she can't afford it then maybe she should hand over custody to your husband and then she can pay support.

Michelle - posted on 12/05/2014

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If I understand correctly, the mother would still have to support her child to some extent. File for punitive damages/wages...it would calculate the minimum wage and how much she is supposed to be able to provide, minimum, even if she isn't working.

However, the fact that she was working before and willfully quit her job means the court MAY require more than just the minimum. Talk to a lawyer.

Most lawyers will at least give a free consult. If you are of low-income, there are free lawyers out there who may do work pro bono.

Good luck!

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