Paying child support after quitting job to go back to school?

Question

My hubby is 25 and is working however his job does not have the opprotunity for advancement, and his job could be gone in a year. He is attending college in the fall full time which means quitting his job to do so. We have a 3 month old baby together and i am very worried that the support that he pays to his ex for his 6 year old son will continue. My question is... Does anyone know if child support stops when going back to school, or does it continue?? I really really need some help with this. Thanks to everyone. :)

Answer 1

You might want to see about getting the child support reduced by a court order. Just because he is going back to school does not release him from his prior obligations. That is like asking a car company to let you skip payments because you don't have the money. (I'm sorry to compare the child to a car-no offense meant) It is not going to happen. The best that can be done is to get a court order lowering the payments. Each state is different. Try doing a search for "Child Support Laws in _____".

Answer 2

In most states, having an additional child will lower your support payments to the first child if you petition for it, but it can be a long process. It's easier if you are having to pay child support for BOTH children, as percentages and needs of both children can be spelled out to the courts, but you should be able to do something.
In regard to lowering the support responsibility while attending school, again you can petition for this, but majority of courts base child support obligation on what you are CAPABLE of making while unemployed by researching your work history, and it just continues to add up in arrears (back child support).
I would look into this ASAP so you know exactly what to expect and can start preparing for fall.
Good luck!
***PS- Not ALL states look at both parents incomes yet. Here in MN for example, they just passed this law effective January 2007, so if your case was established anytime before that (even December 2006) they will always only look at the noncustodial parents income.***

Answer 3

Girl the courts don't give a ****......Well at least out here in New Mexico. My husband is a disabled Iraqi Vet, and is trying to go back to school, his money hungry EX wants and gets $500.00 a month for 1 kid he doesnt get to see...We have also gone to court for this and the courts in AZ don't give a flying **** how he pays it...they just her to get paid...It seems like if the mother has a family GREAT....If dad has a family, has moved on and had other kids "oh Well"...So Sorry, the only thing I can say is get a part time job so your child doesn't go with out. GOOD LUCK

Answer 4

Child Support never stops. It will continue until the child is of legal age, and no longer a dependant.

Without income to pay his Child Support, it will accumulate until he is employed again, and either will be garnished, or paid out in a lump sum ordered by the judge.

It would be best for him to take on a part-time job to pay at least something to his child. Anything is better than nothing.

Answer 5

It will continue. The way it works is it doesn't matter what his chioce of career or school is, he is still a father to the 6 yo and needs to help in supporting him. Do you realize how many men and women would be professional students if it meant not paying child support? Bottom line is he's always the kids father no matter what he chooses in life, unless he agrees to allowing his ex's spouse adopt his son, then he's relinquishing his parental rights to the boy.

Answer 6

As you were advised, you are talking to an attorney. And although a reduction or stay in child support is allowed for circumstances beyond his control, the court will not stay or reduce support when the payor VOLUNTARILY alters is financial situation.

Your husband has no cause to go before the court to attempt to reduce or stay his support and if he doesn't get a job to at least pay his ongoing support, he might find himself studying in a jail cell.

A court order is not a suggestion. It is not an invitation to pass over. It is an ORDER. plain and simple.

Answer 7

I don't know about the laws in your state, but if you have a child, or your husband has a child, he should be more concerned about making sure that child is taken care of than anything else. So get a part-time job at a fast food joint to make sure the kids gets child support while he goes to school full time. THE KID HAS NO CHOICE, no one asked him to be born, to be the son of a educated or non educated or skilled or non skilled father. Why...WHY are people so quick to want to get rid of their obligations. Ridiculous....

Answer 8

This is kind of a sore subject so I apologize in advance, but just because daddy doesn't want to work when he goes back to school doesn't do a damn thing for Jr. I've went to school full time and held a full time job before, ever thought of that?!? You'll see if he ever leaves you and decides to "pursue other interests" by going back to school, his higher education will not FEED YOUR child or pay YOUR DAYCARE. It will only serve to further himself and his NEW wife, and his NEW baby. So, if I were you & my husband wanted to go back to school & skip out on previous obligations, I'd tell him school is great and here is the latest copy of the classifieds.

Answer 9

child support does not stop until the child turns 18. However in PA where I live you can reduce your child support when there are other children. I suggest you contact your local Domestic Relations office or go to a law library and see what your options are.

Answer 10

Talk to a lawyer about this they know the facts when it comes to child support and spousal support you just can not just quit or you will be in front of a judge again that I do know the to be ex wanted to quit his $100,000 per year job to get out of paying me spousal support after 33 years of marriage.