Father has always paid child support and always on time. He is now on social security disability and has always had one of his three children living with him. He is now going back to have custody changed because another of of his children has since moved in with him. So now he has 2 out of three children living with him but still is having to pay child support until it gets changed and the mother also is receiving social security of two of the three children. She is aware that he is going to change the child support and doesn't want to pay any. The father only receives social security and it only covers insurance for him and his children which was part of his original court order and it doesn't even cover all of his child support, forget bills and food. He hasn't worked in two years and has continued to pay their mother and his saving has just gone down and down, but he has always done the right thing. She is getting ready to quit her job so that she doesn't have to pay child support to him because she makes pretty good money, a lot more then him on disability. My question is, by her doing this, is this going to allow her not to pay child support to him? Thank you for your help.
2 Answers from Attorneys
These are questions he needs to ask his lawyer, and if he does not have one he needs to get one. Generally judges will frown on someone quitting employment to lower support, and a judge might set support based on her earning capacity.
It sounds as if you should be able to lower child support. I suggest you get an attorney and immediately file before she quits her job. If she does quit her job voluntarily, you can do discovery to obtain the information from her employer. I would not try to lower child support or obtain custody without an attorney.