The NCP starting working in a new company 1 month before being served child support papers plus he had a weekend construction job for some time. He was served in Jan and the hearing was in Feb. He quit the construction part time job about 1-2 weeks before hearing. When questioned he said it was to have weekends free for parenting time with our daughter. Okay that's great but after making a few payments he has switched to another EMT company. So he was only at his FULL TIME job for about 3-4 months and now is working somewhere else. He has notified the courts so they gave us a new hearing in July to re-calculate the child support. I have a feeling that he is going to start taking less hours. I do not know if he is classified as a part or full time EMT. When you work as an EMT you get paid by the hour and it is very easy to work full time and get a bunch of overtime hours, if you want to. I have a feeling he is going to work less then the other company so that his pay stubs will reflect this and that the child support will be lowered. That way as soon as the new order is issued he can start taking in more hours again and make more money. What can be done? Is he allowed to do this?
If he is purposely underemployed, then you can argue that the support should not be lowered and the court should not recalculate the support at the hearing in July. You should retain counsel if you already do not have one as this is a very fact specific issue. See this link for an example: http://law.justia.com/cases/new-york/other-courts/2011/2011-ny-slip-op-52510-u.html
Sure. It's done every day across this great land. As jobs migrated over sees, men have to shift around and scrape together money doing more than one job. Labor law has become so onerous that employers take huge risks to employ men 'on the books'. So employers have loyal cadres of workers 'off the books' and men take on several of these. This allows the man to come to court with empty pockets and you take the hit.
Child support enforcement is a completely retarded scheme because it was written assuming the middle class man was employed. Much richer people are capped as to how much they can pay because child support cannot be used as a system to evade the gift tax. So the galaxy of calculations hits the middle class man right in his pocket. The poor guy gets away with next to nothing.
So what have men been doing? As jobs left these shores, men shift for themselves. The added benefit is they can minimize the amount they pay in child support because of a thinner audit trail. Because a 'court' is involved, the scheming man can quickly learn the statutory buzz words and escape excessive imputation. This means he pays pennies on the dollar and you get screwed.
Think of child support as a way to screw the mother then you will better understand its inner workings and the cost to taxpayers for its upkeep. And always watch who you vote for. It makes a huge difference.
Income could be imputed by the court especially in cases where a person is acting out to reduce the income on purpose to avoid child support.
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In my view his petition for a downward modification should be denied if he voluntarily left his previous higher paying job without just cause. I suggest you have your lawyer take a closer look at the matter.
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If overtime is optional, the court cannot really force him to do overtime. That said, if he was previously doing the overtime with no problem & then requested overtime to be cut simply to avoid child support, that's another story. Schedule a consult with a Bronx Child Support attorney for a full assessment.
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