Can I reduce/eliminate my employment (and Child support) in order to go back to college?
Can I do this since there is no court involvement and the money that I pay in support goes to the state and not her? Will I be required to pay the same amount if my circumstances change?
4 attorney answers
Maybe wait until she's out of school, then you can gp.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
If you voluntarily quit your job - yes; since your child needs support now, the public policy demands that you provide that support now rather than further your education so that you can provide increased support in the future. A bit counter-intuitive, but ...
The court could impute income to you based on your ability to earn (education, training and experience) and your opportunity to earn (available jobs in the local marketplace that you are qualified for), if properly sought by your wife if you quit your job to go back to school. The imputed income could be used as a basis for calculation of child (and possibly spousal) support.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
There is a Court Order regarding child support, so the Court is involved. If you stop your job, they will make you do job contacts and may impute income to you. You can continue your education but the Court will expect you to find a job. Contact an experienced family law attorney in your area for assistance. Good luck.
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