On which salary should child support be based? Old salary from job obligor just quit or new job he will hopefully have soon?

Asked 6 months ago - Wimberley, TX

Obligor is quitting his current job 2-11 and leaving the state. Court date is set for 2-19. He will be looking for a new job in the new state, which will presumably have a significantly higher salary than the one he is leaving (quitting CAD draftsman job, @ $32,000/yr, seeking a financial analyst position, $80,000/yr). He is educated and experienced in the financial analyst position, so it is very likely he will find that type of job. The amount of child support would be vastly different based on these amounts. Which amount do we use for determining child support?
If we go with the current salary of $32,000, how soon could we change the support orders if he does get a much better paying job?

Attorney answers (2)

  1. Sherrie Haussner Travers

    Pro

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . Please find an experienced family law attorney in Wimberley next week. You did not indicate if the hearing on February 11th is a final trial or a temprary hearing.
    Unless he actually has a new job, child support is likely to be based on $32,000. The court cannot spectulate on what his future salary might be. But, the good news is... there is no "waiting period" before you are able to modify child support. In your case, the only thing to prove is that the circumstances of one of the parties or of the child have changed. A new job more than doubling his salary is a significant change.
    Good luck.

    Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers &... more
  2. Maria Sara Lowry

    Contributor Level 19

    Answered . Support will be based on what can be demonstrated - the $32K salary. When he is making $80K, that will be a material and substantial change that is grounds for modification.

    Hire an attorney to help you get your best deal now. And make sure there is a requirement that he give you his tax return each year.

    Do not let any extra time go by.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more

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