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  1. #1
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    Quote Quoting Ashley1981
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    My question involves a child custody case from the State of: Florida and North Carolina

    I was dating a woman who was on birth control and got pregnant while she was a resident of North Carolina. Initially, we agreed to get married and she promised to give birth and stay in North Carolina where my business is and where I would set up a home for us. On the last day she could medically fly (in her 6 month of pregnancy) due to pregnancy she left for florida informing me that she wanted to give birth where her family was but promised to come back to NC in 3 months. I flew down for the birth but was asked to leave by her father 4 days after the baby was born. She named the child without my input even though we had decided on a name.
    Okay


    She stopped contacting me after I was asked to leave and then filed a paternity order 10 days after the birth of our child even though I had sent money, bought accessories for the nursery and purchased necessities - diapers, groceries etc.
    Believe it or not, she did something sensible there - a court order protects all of you.


    I then hired an attorney to pursue my custody rights but the mother's side won't agree to more than 1 week, every two months, split summer (defined by july and august), rotating holidays. They also will not agree to split travel expenses meaning I am solely responsible for going and getting our child and returning her to Florida all on my dime.
    It would be nice for Mom to pay half - but she moved before the child was born which historically makes her less liable for costs.


    Additionally, I left a high paying job in New York 5 months before I met the mother of my child and her attorneys are trying to impute income based on my previous salary because they have the past three years of tax returns. I have my own business now that launched 6 months ago but it is not generating nearly as much money as I made in my previous position. They are arguing I am underemployed.
    They have a point - as a rule, leaving a high-paying job would be classed as voluntarily underemployed.

    They are asking for all attorney's fees and birthing costs as well. We have also found out in our diligence that the mother's family was vetting attorneys in FL while the mother was still promising to stay in NC. It was all planned.
    Yup, that happens.


    Please help! Any advice is welcome.
    How old is the child?

  2. #2
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    The child in 7 months old on March 13th. What legal precedent is there for them to impute income when I left the job before I met her? Any legal precedent on a name change? Hyphenation in the last name at the least?

    There is a history of domestic abuse between the mother and an ex-bf but I take it that is all hearsay in court?

  3. #3
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    Hyphenation is reasonable, but I'd ask for a change completely and in the alternative hyphenation. But again, do not do this alone...HIRE AN ATTORNEY. QUICKLY. I'm not sure that in this case imputing income would be proper

  4. #4
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    Quote Quoting CourtClerk
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    Hyphenation is reasonable, but I'd ask for a change completely and in the alternative hyphenation. But again, do not do this alone...HIRE AN ATTORNEY. QUICKLY. I'm not sure that in this case imputing income would be proper
    Florida can base CS on actual earnings, if they find that Dad left to further his education or otherwise is attempting to improve his circumstances. This isn't the case though, since he did that before he'd even met Mom.

    He needs an attorney for sure.

    Ah. Found it:

    60.130 (b) Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available

  5. #5
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    does this matter?

    I left that job to go to business school (5 months before I met her) and I decided not to pursue bschool when I found out she was pregnant so i could support what I thought to be was going to be our family. There are records of prep courses for the GMAT. Also applications that were filled out but never submitted.

  6. #6
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    Brutal honesty:

    She has screwed you seventy five ways from Sunday. Yes, Yes, I know - you did have choices too. But that doesn't change the fact that yeah, you're getting screwed.

    So. Get that attorney. She's got a very savvy attorney who has looked at the statutes and is going to try every which way to use Vazquez v. Vasquez, where the court did hold Dad to be underemployed.

    Vazquez had basically ignored company policy to the point where he was fired. The court agreed. But that's not all the court said (unfortunately) and it's this part which is relevant to you:

    Further, the court found that only searching for comparable employment for six months before starting his own business making far less was being voluntarily underemployed. Id. at 371.
    (copy these factoids into a Word doc or something and hand them to your attorney)

    From the statute itself again:

    income may not be imputed based upon:
    a. Income records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or
    b. Income at a level that a party has never earned in the past, unless recently degreed, licensed, certified, relicensed, or recertified and thus qualified for, subject to geographic location, with due consideration of the parties’ existing time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
    a) indicates that they can look at up to 5 years' worth of your past earnings. This is relatively new to the FL statutes. But looking at attorney-written summaries, it does make it quite clear that looking 3-5 years at past earnings is legitimate.


    Next, from an attorney:

    An important note is that the Courts specifically retained the power to impute a higher income based upon proof that a party could earn more income than provided for in the statute, but voluntarily refused to do so. This change makes it more difficult for parents to decrease income levels intentionally in an effort to pay less in child support.
    Key here is voluntarily refusing to do so.

    Here's my take:

    The odds are in Mom's favor on the surface. You have, of course, voluntarily reduced your income. But if it happens before there is even a child, can it be held against you? Do we apply "voluntary" to every person who has reduced their income, even if it is not in an attempt to escape the CS obligation? The consensus appears to be "Yes" for the most part even though the statute is rather inconveniently silent on the matter of intent.

    Your attorney may need to get imaginative with that, but it's something you need to discuss.

  7. #7
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    Quote Quoting Ashley1981
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    The child in 7 months old on March 13th. What legal precedent is there for them to impute income when I left the job before I met her? Any legal precedent on a name change? Hyphenation in the last name at the least?

    There is a history of domestic abuse between the mother and an ex-bf but I take it that is all hearsay in court?
    Might as well start reading.

    Read about Florida Child Support here.

    Pertaining to Custody and Visitation: Read here. And here. And here.

    Abusive ex is a non-starter.

  8. #8
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    I've retained a attorney to match hers. (high powered - named howard rudolph)

    Thanks for all your advice. I'm big on consensus opinions and really would like to hear everyone's insight. I want to support my child at any and all costs but feel like a name change (at least hyphenation) should be reasonable.

    She named our baby "Live Grace" as a first name. Unbeknownst to me she had a an abortion before we were dating which, obviously, I've found out about. In the realm of the "best interest of the child" wouldn't you think a judge would mandate a full name change?

    Perhaps, I've given away too much personal information. If so, apologies in advance but I need advice.

  9. #9
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    It makes no difference - you have tax records proving that you were capable of earning X, and now you're claiming that you only earn Y. The court can look at recent earnings (as in the past couple of years), and what you're capable of earning. If you had left to go back to school in order to provide better for the child, the court can decide that your education is intended to benefit your child and therefore is not a case of voluntary underemployment. You have a different problem though - you left your high-paying job before you'd even met Mom.

    You can absolutely ask the court to give the child your name, or to hyphenate. There's no guarantee, but it's up to you.

    Domestic violence is a non-issue.

    Don't forget that you don't have to roll over and give up. If you're going to object though, make sure you're doing it properly and for the right reasons.

    You need an attorney, in all honesty.

  10. #10
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    Default Re: Pregnant Girlfriend Left North Carolina to Give Birth in Florida

    Thanks for this. I've read a few of the links you provided in the past few months. The problem is that long distance time-sharing plans are very vague and leave a plethora of room for interpretation. In addition, I am dealing with a very unreasonable Mother/family.

    Does anyone on here have a view on how a judge could interpret this? Surely, he would look down upon her leaving NC for Florida but I guess that has no bearing on custody/name/support?

    - - - Updated - - -

    I left that job to go to business school and I decided not to when I found out she was pregnant so i could support what I thought to be was going to be our family. There are records of prep courses for the GMAT. Also applications that were filled out but never submitted.

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