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Non-Custodial Parent Quits Job and Files for Modification

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  • 09-27-2010, 10:33 PM
    yadontsay
    Non-Custodial Parent Quits Job and Files for Modification
    My question involves child support in the State of: Texas

    Hi all,

    6 Months into our final order and I have been served with modification papers. He has quit, retired or been fired - don't know and don't know how to find out. Now we will go from calculating 6 figure income to zero income it seems, as he is early for retirement. This is an AG case, so they will answer. Thing is, I don't think they will do any financial investigation or attempt to verify whether it was fire/retire. Can I do all of that myself? What is taken into consideration here?

    Thank you!
  • 09-27-2010, 11:13 PM
    Lawrence084
    Re: Ncp Quits Job and Files for Modification
    I am not 100% sure, but I give you something to read until someone give you the correct answer....

    I think Fired or Early Retirement is the same thing in the courts eyes. The court will base his income on what they think he could potentially earn. Now being laidoff, means the courts will probably reduce the amount of payment.

    If he laidoff he probably going to collect unemployment and that will probably cover his CS payment once it has been reduced.

    You probably want to find out if he was truly laidoff verse fired/Retired. Is he going to be collect unemployment? If so, he was laid off, otherwise he was Fired or Retired.
  • 09-27-2010, 11:23 PM
    yadontsay
    Re: Ncp Quits Job and Files for Modification
    As I have read so far, fired is involuntary loss of income while retire/quit is voluntary. I don't know how to go about finding out which it was. Can I call the company where he was working or send a written request for employment status? (or do I need a court order for that disclosure?)For that matter, being pro se,can I simply call his attorney and ask outright what the details of the 'substantial change' are?
  • 09-27-2010, 11:34 PM
    Dogmatique
    Re: Ncp Quits Job and Files for Modification
    Quote:

    Quoting yadontsay
    View Post
    My question involves child support in the State of: Texas

    Hi all,

    6 Months into our final order and I have been served with modification papers. He has quit, retired or been fired - don't know and don't know how to find out. Now we will go from calculating 6 figure income to zero income it seems, as he is early for retirement. This is an AG case, so they will answer. Thing is, I don't think they will do any financial investigation or attempt to verify whether it was fire/retire. Can I do all of that myself? What is taken into consideration here?

    Thank you!




    Seriously, it makes a HUGE difference. Quitting is one thing. Retiring - depending upon his age - may be another thing entirely. Being fired? Well, there's being fired, and there's being fired for cause. The latter MAY be seen as a voluntary reduction.

    Your ex's company has no obligation to give you any information whatsoever without a subpoena from the court (and even then it may not help you).

    The AG will take into consideration the reason behind the reduction of income.
  • 09-28-2010, 04:19 AM
    distressedmom
    Re: Ncp Quits Job and Files for Modification
    If he's retired, then there is a chance the NCP will get a retirement annuity. Cannot tap into the 401k until 59 1/2 without tax consequences, so that may or may not be happening as well.

    When dealing with the Texas AG, I would try to do as much legwork as possible. The attorneys and staff are overworked and will not be able to put the time and energy into your case as you would like. Keep copies of everything you give them. I'd hand deliver what you can to be sure they get it, or send it certified.
  • 09-28-2010, 08:09 AM
    yadontsay
    Re: Ncp Quits Job and Files for Modification
    Legwork I will do! Can he voluntarily reduce his income like this? There are significant assets as well, financial assets. I am considering hiring a financial accountant, as he is a wily varmint and I think assets have been shifted to hide other income. That is the only legwork I know to do. Like I said, I have no idea how to verify how his employment ended and he WILL lie. He lied to the courts for 3 years and got away with it. (and at the moment he is actually in violation of the original order on three matters - possibly a fourth, which reminds me ... In Texas, are you allowed to stop paying on the court order pending the modification?)
  • 09-28-2010, 09:17 AM
    Dogmatique
    Re: Ncp Quits Job and Files for Modification
    Incidentally, trying to modify the order a mere 6 months after it was entered is NOT going to make him popular in the AG's office.

    No, he cannot simply stop paying - he can't stop UNTIL the order is modified. He'll still owe arrears at the original amount.
  • 09-28-2010, 09:51 AM
    yadontsay
    Re: Ncp Quits Job and Files for Modification
    So that means there are currently four points of contempt.
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