My husbands ex wife had a choice to get support based on his previous job or his current job which had a big pay cut. She chose to take the income based on the higher paying job and he doesn't make that much to pay the support. Is there any way around so that they can go by his current employment or do they have to go by what she chooses. If he can't pay the amount then he will go to jail which violates his court order on getting the kids when he's supposed to.
Support is based on income but there is a doctrine known as 'earning capacity'. The question is why does he have a lower paying job? For example, if someone was fired due to his fault, domestic relations could use the old job as his earning capacity even if the person is not making that amount in the current job.
It is not going by what she chooses but his earning capacity. I recommend you immediately consult an attorney to discuss his situation and to file an appeal if necessary to challenge the support order but you need to act quickly because the appeal time is 20 days.
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