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What happens if BM loses her job?

Nymh's picture

Lately BM has been really flaking out at work. They suspended her for 3 days without pay - which in my experience is pretty serious business. She's afraid she will lose her job. She already doesn't have enough money to make ends meet even though she makes more than BF and I combined on her own, and has BF's CS check monthly on top of that (though in order to explain why she's always so broke, she blames it all on him). My question is, if she loses her job..what happens to SS? Will he stay with her, and us have to pay her more to make up the difference? Or will he move in with us?

If he did move in with us, I'd be willing to waive CS from her for several months to allow her to get back on her feet (even though she constantly nags us about it). I'm sure that BF would go for this also.

I have a feeling that the court system will want to cause the least amount of disturbance to SS's daily life, and if he moved in with us he'd have to change schools and everything because we live in a different county. But I don't think it's fair to force us to pay her extra so that she can afford to pay her outrageous bills if she loses her job, either. There's no way that BF and I can afford to support both of us AND both of them...

Does anyone have any experience in this type of situation?

Comments

Anne 8102's picture

Nothing changes on your end, Nymh, unless she files a modification to increase CS through the courts and/or you file a modification to obtain custody. Then it's up to the judge, but I would suspect that he'd tell her to get another job and support her kid. However, this would qualify as a "significant change in circumstances" for her, so who knows? A judge might up your payments. It could go either way. But of course, she'll have unemployment coming in and that's used as basis for calculating CS. If she wants more CS, then I say you countersue for custody. If you can provide the more stable environment long-term, not to mention more stable financial support, then you might get it.

~ Anne ~

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new evil stepmom's picture

not sure if every judge does this, but ours would not go lower on her income calculation. what I mean is, last time in court bm made 21000/year, this time bm made 13000/year - judge stayed at 21000/year due to the fact people should not go down in income, they should always be advancing.

luvdagirl's picture

BM went on disability while she had custody and the judge here told her that it had no bearing on the amount of CS since DHs income hadn't changed and here they go on a straight 20% for the first child-since she was already getting from him even off his overtime that at that time was no longer being offered for several months it was actually lowered by $40/week, I found it histerically funny dince we never tried to lower it, I guess she just rubbed the judge the wrong way!

There is no reaon where logic does not exist

Anonymous's picture

She can ask for an increase in CS all she wants but remember to have the judge, when and if the time comes, impute her salary to what she was making (if she gets fired). Sure this might be a change in circumstance but only if losing her job was through no fault of her own. If she gets fired because she's incompetent then thats another story. At least thats how it works when the father is the NCP and he takes a cut in salary. Same should apply to her. Sorry if I'm not making sense I have a terrible sinus headache and kinda goofed out on meds.

Sasha

Sebbie's picture

Lovers do not finally meet somewhere, they were with each other all along.

Even if she did attempt to use this as a change in circumstances to get an increase, it is very unlikely as she is still capable of working. The only way ss would have a change in custody is if your dh seeks a change showing instability in bm's home, but dh would require a really strong case in showing instability, such as moving alot due to job losses, changing of schools alot, homelessness ect.

Tired2's picture

In GA when I got divorced my ex quit his well paying job and told me "You won't get that much child support out of me bitch" (makes me laugh everytime I think about it) My attorney/judge told me that CS was being based on his "earning potential" (the highest amount he made). Just because BM loses her job DH's child support doesn't change....since his income didn't change hers did. It's not your fault that she doesn't aspire for great things in life and you aren't responsible for giving them to her if she did.

Good Luck!

Good friends are like stars....you don't always see them, but you know they are always there.

Nymh's picture

Like I said, through bad decisions she's made, she was placed on three days suspension from work without pay. She is afraid that she'll be fired. But if she does, it will be her own fault. A lot is riding on how she handles herself in the next couple of weeks. She's missed almost two weeks straight of school and is using her son's "sickness" and the fact that he's a "special needs child" as an excuse. You know, for all the times that she says SS is a "special needs child" I'd love for her to have to take care of one for one day and see just how much of a lie that is. There is absolutely NOTHING wrong with SS - he is a NORMAL, bright, intelligent, healthy 9 year old boy! Just because he was born premature with a couple of problems doesn't give her a ticket to use that as an excuse for HER stupid behavior the rest of his life! You'd think her boss and her professors would start to wonder since every week she's missing one or two days here and there because of her "special needs child".

*~So sayeth Nymh~*