More details to this question:
I have done some research on child support and underemployed parents. I have not been able to find anything though on the parent receiving child support being underemployed. Everything I have read so far is about the parent who pays being underemployed. I have 50/50 timesharing with our daughter and over the course of the past four years I have worked hard to get promoted twice to ensure I can provide what's best for our daughter. The other parent on the other hand is actually making less now then she did four years ago and now wants to go back to court to increase the child support. Any advise on this topic would be greatly appreciated.
1 ANSWER
If the other parent takes you back to court because you are now making more money and she is making less, you can argue that she is voluntarily underemployed. Same rules apply to the payee parent as to the payor parent. However, you cannot just simply tell the court that she is voluntarily underemployed, you need to show the court through evidence that she voluntarily left a higher paying job and that right now a similar job is available to her. This is usually done through an expert witness called vocational expert, who examines the parent and makes a report.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Mar 30th, 2016 at 2:34 PM