Child support goes by court order, usually to be paid weekly, biweekly or monthly. If your ex goes to part time and is paid less, he is still required to pay the same amount, on the same timetable as in the original order. If his check doesn't meet that amount, he has to make up the difference out of his own pocket or be in violation of the court order.
For him to pay less that what was ordered, he'll have to go back to court and request a modification of the original order. He can't just start paying less because he's making less money.
In Texas, the court goes by the payor's income, and doesn't factor in the income of the person receiving the payment.
2007-11-25 09:59:36
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answer #1
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answered by Bad Kitty! 7
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Based on his total income.
And, no, if he quits his job and takes a part time job, the amount won't change. The court will expect him to take 2 part time jobs and make the same payments and become re-employed as soon as possible.
Men used to get away with that....but not anymore. He has proven that he is capable of earning a certain amount of money based on the average pay in his occupation. He is expected to continue working. If he doesn't, he can have his driver's license suspended, be unable to vote, tossed in the slammer and his assets attached, including bank accounts, valuable items like cars, electronicl equipment, etc.
The states and governments don't put up with deadbeat dads anymore and we, the people, don't need to be supporting his children.
2007-11-25 10:35:20
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answer #2
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answered by Anonymous
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Generally the guy gets screwed. He has to pay a percentage of his "potnetial" income. This has landed quite a few guys in trouble when they get laid off or fired and can not get another job that pays quite so well. I know of a few men who ended up living out of their cars because the courts would NOT lower thier child support payments.
I do not believe this system is either fair NOR equitable. Especially given that courts tend to side with the female regardless. (my POV...)
But to answer your question. In the US states that I know of, his going part time or changing jobs or whatever will NOT lower the amount of child support the courts will require him to pay.
2007-11-25 10:00:37
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answer #3
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answered by Jeff Engr 6
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It's based on a combonation of your income and his. It isn't based soley on his income.Your lawyer should hahave explained to you how this works.
If you don't have a lawyer, then you should find one and ask them to explain it to you. Sway is quite beautiful, but in this case she is quite wrong.
2007-11-25 10:01:27
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answer #4
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answered by Anonymous
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It is based on his total income and expenses. They will decide how much he can afford to pay. Sorry for you.
2007-11-25 09:58:57
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answer #5
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answered by Aloha_Ann 7
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It is based on his total income.
2007-11-25 09:58:09
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answer #6
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answered by Anonymous
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