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CS and a new job

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crayiii

Member
What is the name of your state? OR and WA


Child support has not been set in my case yet. We have a hearing sometime in Oct. for the amount to be determined. I currently live in Southern Oregon and my wife (Divorce is not final) moved to Spokane, WA with our son. The divorce is in Washington. The travel cost is a major financial hardship for excersising my parenting time. In fact, I will be filing Chapt. 7 next week.

I am looking at moving to Spokane but the job market (in my field) is very limited there and I will need to switch fields. I am looking at the possibility of a $30,000+ pay cut when I move. After the chapt. 7, I will be able to live on the new salary but I'm concerned that the court will consider this being "voluntarily underemployed" and set CS based on my previous salary.

Does anyone have any insight on this? Will I be punished for moving closer and having to take a lower paying job?
 


NotSoNew

Senior Member
i recently had a similair question, and the answer i was given is yes, it will be considered a voluntary reduction in salary and your CS will be calculated on your past income.

Our case was slightly different, mom has not moved yet but was granted permission to move 3 hours away, now that we are looking to move out there by her, and the job market is much much smaller, we find that our CS wont be reduced and we cant afford it if we move, so we are now trying to fight to keep her in the state.

Did you give her permission to move? Did she not need it since she moved before your divorce? Do you have an attorney?
 

brisgirl825

Senior Member
Is ordered that you pay for travel costs? If not, I would recommend that you modify your CO to make mom pay for those expenses. She moved, she needs to pay those costs.
 

NotSoNew

Senior Member
oh yes in our CO mom is required to meet 1/2 way for pick up and drop off, how many hours away did she move?
 

crayiii

Member
She moved by surprising me. Moved to Alaska first then met a man and moved to his home in Spokane. There is no order in place at the moment. I fought for a year to get our son returned to me but she hid for about 6 months and once she resurfaced (I hired a PI to find her) the judge was not willing to change status quo...

they are about 10-hours drive away. She's required to buy a plane ticket for him to fly to Portland and I'm required to pick him up in Portland. He's too young to switch planes and Portland is the closest direct flight. Where I am living now is a 5.5 hour drive from Portland.

When I get him on the weekends over 20 hours are spent driving. A round trip plane ticket from where I'm at is $300. I would have to buy 3 round trip tickets for each visit since he can't change planes in Portland. This winter the drive will be next to impossible.
 

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