( This if for my boyfriend ) He is currently paying child support for two children in WV. Recently he found out that his ex - wife has quit her job and is going to school full time....is she allowed to do this?? That means that her half of the child support that she is supposed to be paying isn't there anymore, and that means that he is now supporting HER and the two kids, which is not what the money is for...can anyone please tell me if she is allowed to quit her job legally? And if she is legally allowed, how is this possible, he can't quit his job, he has an obligation and so should she?? We have already looked at all the websites we can find on child support and we havent found anything that says anything about the wife having to work or if she quits what happens. We are really desperate to find out, can anyone tell us the truth?
2006-08-25 14:41:25 · 10 answers · asked by Stacy 2 in Family & Relationships ➔ Marriage & Divorce
Acutally he pays $1200 a month, which means that he is paying EVERYTHING for the kids support if she is not working, as for school she was in the military, so that is completely paid for.
2006-08-25 23:40:46 · update #1
okay i have bad news. yes she can quit her job and it sucks that he cant but what the courts will say is she can get more money out of him if she wants to press the issue but if she did that the court would say she does need a job but they say as long as she pays a home payment or buys grocerys even if its for the whole household that the money is going to the children. i personally dont like how the system works on that matter i think its unfair. and if you would like to check this website out and see if u can find it under your laws to where u live go to department of children and families. and look under child support. good luck.
2006-08-25 14:54:21 · answer #1 · answered by nuzzihuzzi 2 · 0⤊ 0⤋
First of all, whether she has an income or not, when figuring child support, most states will use the figure of minimum wage at 40 hours a week, because they assume anyone is capable of earning at least that amount of money.
But, you don't know if she has gotten grants, or if she has gotten financial aid, or anything. Also, there are programs available for "displaced homemakers" that will assist her with getting an education if she primarily relied on his income while she was married. Why would you NOT want her to get an education so that she can get a better paying job. The more money she makes, the more income the children have.
Also, the only way to change the child support is for one of them to go back to court and get it adjusted, or go through child support division. She can't just say, "I make less money now, you pay more..." so why are you stressing about it. My ex had to pay me alimony while I went back to school, but now I make twice as much as I did when I first got a divorce. (but so does he)
But, really, as long as the children are being provided for, she is not doing anything "il-legal", so the rest is none of yours, or his, business.
2006-08-25 21:57:56 · answer #2 · answered by browneyes 1 · 0⤊ 0⤋
in every state it is different the only thing is that she can stop working if she wants i dont think there is a law against that, but that should not increase what he has to pay he shouldn't have to pay anymore and if she is that stupid to stop working then that's up to her but make sure that he is not paying her anymore at all don't let him, stay with what he is suppose to pay, is this all done Thur the courts? i would just try to hang in there get a hold of a lawyer for free consultation and ask them that question like i said it is different in all different states my husbands ex B...... got awarded to pay us 25.00 a month and that was in Oregon about 15 yrs ago and the funny thing is i still haven't receive a dime from her, that's so sad how these people got to act like this and get away with it well good luck and god bless.
2006-08-25 21:58:26 · answer #3 · answered by satingold2005 2 · 0⤊ 0⤋
First of all she has the right to better her education so that she can better provide for her children and as for her supporting her kids well who is taken care of them, who is feeding them and bathing them and reading them a story at night who is explaining on why is dad not here with us, why are you getting all bent out of shape do you have kids with him and want to make sure that you get your fare share, there is no law in any state that says she cannot better educate herself, what is she supposed to do besides take care of her children go to work full time and go to school fulltime or even partime, when is she suppose to be home with the kids why don't you give her a break at least she seems to be trying to better herself and her family.
2006-08-25 21:50:25 · answer #4 · answered by angel_64 3 · 0⤊ 0⤋
And you probably wont. Unless your bf is paying exactly half of every expence incurred for the kids, and I dought if he is, he is not paying half of their support. By that I mean half of the rent to keep a roof over their heads, half of the grocery bill, the utility bill, school clothes, school expenses ect......
Yes she is allow to go to school full time, she is trying to better herself to make a better life for her kids. Try to argue that with a judge!
Child support is to cover the expenses incurred by the children, If they were still together, it would be costing him a lot more! I mean think about it, he probably pays $100-$200, could you live on that with 2 kids? You two need to get over it!
She is not doing any thing wrong!
He helped make those kids, he has to help take care of them until the graduate school!!!
2006-08-25 22:11:56 · answer #5 · answered by suequek 5 · 0⤊ 0⤋
In most states the custodial parent doesn't have to prove an income. And if she wants to go back to school then that is her business. But anything the father does is public scrutiny. Makes up for the labor pain.
2006-08-25 22:02:07 · answer #6 · answered by Sabrina the Adult Witch 1 · 0⤊ 0⤋
I would contact a lawyer who is familiar with similar cases and the laws in your state and the ex's state. Even if it is against the law you will have to hire a lawyer to take her to court and fight it so hiring one now will save you money in the long run. Also, most lawyers will give you a free consultation so give it a shot and see what kind of a case you have.
2006-08-25 21:46:12 · answer #7 · answered by Michelle118 4 · 0⤊ 0⤋
It's just this simple, if she has custody she can do whatever she wants she doesn't have to work. but if the kids are in state custody she should be paying it also if she's not you need to call the magistrate court and talk to them about it. or the law masters office
2006-08-25 22:09:54 · answer #8 · answered by Canine_Keeper 1 · 0⤊ 0⤋
Your boyfriend should carry on child support on his own.
2006-08-25 21:47:53 · answer #9 · answered by skp 2 · 0⤊ 0⤋
If yu marry yur sister in WVA, and move to Ohio, yu are still brother and sister. get it?sounds like a Maury Povich show visit is what yu need!!!
2006-08-25 22:34:29 · answer #10 · answered by Anonymous · 0⤊ 1⤋