Child Support: income dropped before divorce

Hello,

I'm divorcing my wife and leaving the US to live in another
country.

My income has dropped significantly (I moved 4 month ago) because
this is not a well-developed country and the average salary there is
very low.

My wife is getting custody for our 1.5 years old daughter.

How can I persuade the divorce court to base the child support
amount on my current income and not on my last years' US income?

My current income is only 1/4 of what it was while I was living in
US.

Thanks

sasha

wrote:
Hello,

I'm divorcing my wife and leaving the US to live in another
country.

My income has dropped significantly (I moved 4 month ago) because
this is not a well-developed country and the average salary there is
very low.

My wife is getting custody for our 1.5 years old daughter.

How can I persuade the divorce court to base the child support
amount on my current income and not on my last years' US income?


You're going to be on an uphill road on this one.
The ex is very likely going to try and convince the court that this is a
case of "voluntary underemployment" and ask the courts to impute child
support. The only way you can stave this off is if you manage to
convince the judge that this is a good faith move on your part.
Even if they don't, the judge very likely will try to use an average of
the last three years, so you are looking at a whole lotta arrears.

On Feb 14, 7:38 am, wrote:

How can I persuade the divorce court to base the child support
amount on my current income and not on my last years' US income?

You can't.

The court will claim that it was your choice to move and that as an
NCP you are obligated to provide CS to the level you had before you
moved.

You can file motions...might as well, but no way will the court adjust
your CS, at least for quite a long time, if ever. And if you are even
$0.01 cent in arrears I wouldn't even bother filing the motions. All
the court will focus on is the arrearage.

To give you a sense of this, I was laid off from a company near the
tech-bubble...the company laid off about 70,000 people (more than half
it's work force). The month I was laid off I received an award for
marketing! LOL so funny....

Anyway the court fully acknowledged my layoff was 100% involuntary but
refused to reduce my CS from $600 weekly in today's dollars. (For one
child sounds right ;-) ) People often move from one state to another
where incomes are lower. Courts are fine with the custodial parent
doing this...not at all for the NCP.

It is very unlikely that you will be extradited for the giant amount
of CS you will accumulate once interest starts running. However
stepping foot back in the US will be risking jail time.

Don (3 years 7 months until my son is 23 but who's counting)

October 2010.....free at last! free at last! Great God almighty I'll
be free at last.

wrote in


It is very unlikely that you will be extradited for the giant amount
of CS you will accumulate once interest starts running. However
stepping foot back in the US will be risking jail time.

Not only jail time, you will also lose any immigration status you had and be
deported for commiting a felony involving moral terpitude. Mkqes complete
sinse, deport immigrant fathers that don't have the money to pay.

wrote in message
oups.com...
How can I persuade the divorce court to base the child support
amount on my current income and not on my last years' US income?

My current income is only 1/4 of what it was while I was living in
US.
Thanks
sasha

Then that's your arguement. Take that before the court.

---
http://www.deadbeatparents.info

..



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"DB" wrote in message
...

wrote in


It is very unlikely that you will be extradited for the giant amount
of CS you will accumulate once interest starts running. However
stepping foot back in the US will be risking jail time.

Not only jail time, you will also lose any immigration status you had and
be
deported for commiting a felony involving moral terpitude. Mkqes complete
sinse, deport immigrant fathers that don't have the money to pay.

Which goes along the same lines as revoking the driver's license of an
unemployed truck driver for not paying.
Oh, and then they toss him in jail providing him FREE room & baord, all at
the expense of taxpayers.
He wins, and the rest of us lose. Makes sense to me............

"John Meyer" wrote in message
. ..
wrote:
Hello,

I'm divorcing my wife and leaving the US to live in another
country.

My income has dropped significantly (I moved 4 month ago) because
this is not a well-developed country and the average salary there is
very low.

My wife is getting custody for our 1.5 years old daughter.

How can I persuade the divorce court to base the child support
amount on my current income and not on my last years' US income?


You're going to be on an uphill road on this one.
The ex is very likely going to try and convince the court that this is a
case of "voluntary underemployment" and ask the courts to impute child
support. The only way you can stave this off is if you manage to
convince the judge that this is a good faith move on your part.
Even if they don't, the judge very likely will try to use an average of
the last three years, so you are looking at a whole lotta arrears.

Courts were originally designed, and rightfully so, to convict those who
harmed others and to secure judgements against those who caused a loss
against another. How any judge can rule a man to be a FUTURE debtor escapes
me. As a child, I was taught that ya don't punish someone until they do the
crime. Were my teachers wrong?

Chris wrote:
Courts were originally designed, and rightfully so, to convict those who
harmed others and to secure judgements against those who caused a loss
against another. How any judge can rule a man to be a FUTURE debtor escapes
me. As a child, I was taught that ya don't punish someone until they do the
crime. Were my teachers wrong?

No, but what I'm concerned about more is the fact that judges are ruling
a man to be a PAST debtor when:

1. They had no such knowledge that the debt existed and
2. They were not afforded the opportunity to match that debt on their own.

If a person is keeping a child deliberately from a person, how can you
then say that person has a responsibility for somebody that is not in
his control? And moreover, how can you reward somebody for keeping a
father from their child's life?
And to those that say "ignorance is no excuse of the law", I'll post
this to you: say for instance, you were driving along in a country
town, all clear, nobody around just a perfect Sunday morning when, at
the end of the town, you'll pulled over by the local cop, who tells you
that you ran five red lights. When you protest that you never saw them,
the cop goes, "oh they were there. Everybody knows where they are, we
just haven't gotten around to putting up the lights yet."

wrote in message
oups.com...
How can I persuade the divorce court to base the child support
amount on my current income and not on my last years' US income?
My current income is only 1/4 of what it was while I was living in
US.

Then that's the argument you make to the court.

---
http://www.deadbeatparents.info


..



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Thank you all.

It looks very strange to me - if I do not make that much anymore where
am I supposed to find the money for the huge child support?

People just do not make that much in the country where I live now. The
average salary there is 10 times lower than in the US.