My visitation schedule changed. I requested to the court to see my daughter during my days offs, however the court denied my request stating she should not accommodate to my work schedule, rather I should accommodate to hers. So, I am planning on changing jobs to be able to see her according to the visitation schedule, I am not going to find another job that pays as much I am getting now. I am afraid that when child support court re-calculates the child support obligation for more percentage time with me, and less income from me, that the court will still impute the higher income because I voluntarily quit. My argument is that the court denied my request to see her during my days off which would allow me to work for a higher income and to excersice my visitation rights.
Estate Planning Attorney
Child visitation can be a complex area. I would strongly recommend that you see an attorney to help you. The child support calculation is ruled by guidelines and calculations that are available through a variety of sources. Changes from the guidelines require additional explanations to the court.
You need to see an attorney to help you. I wouldn't go it alone. Good luck!
This is a general information answer ONLY and does NOT create an attorney-client relationship. Without detailed facts about your case, I cannot provide specific legal advice and this answer is not intended to be taken as legal advice.
The Court will not impute income to a parent for the purpose of calculating child support unless there is strong evidence that the imputation is in the best interest of the child. Since it is in your child's best interest that you be involved in her life, changing your job in order to exercise custody of your chils should not be held against you. The question is, are you deliberately going after a job that pays less or does the new job pay less because that is all that's available in the area? In order to avoid an imputation of the difference (your current pay and the new, lower pay), you will need to show that you made your best effort to find the best paying job for your skill set.
Instead of blaming the judicial officer for denying your earlier request, try to show them that you are trying to work withing the parameters of their decision and that you are simply trying to do what is best for your child.
This is an interesting and not uncommon situation. Were I you I would get a copy of the court transcript of the proceedings in which the judge indicated that you need to adjust your schedule to accomodate your child. This is no guarantee that the judge will nonetheless make the decision you want, but without it you run the risk of the court "not remembering" their earlier position and simply ruling against you. Even with the transcript there is no guarantee the judge will stick with their earlier thinking here, ut without it there is a much greater chance the judge won't. All that said, I certainly agree with Mr. Maguire's observation that more time with your child is paramount.
Marshall Waller may be reached at 800-655-4766 or by email at: firstname.lastname@example.org. Follow him on Twitter: @feinbergwaller. Responses to questions posted by Mr. Waller on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and the response to the question above is not legal advice and it does not create an attorney-client relationship. If you would like to obtain specific legal advice about this issue as it pertains to your particular situation you must contact an attorney who is licensed to practice law in your state.