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How do the courts feel about voluntary unemployment?

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What is the name of your state (only U.S. law)? KY/VA

When my ex and I went through mediation three years ago, he was planning to voluntarily take a big retirement package from the federal government in a year (which he did). Now he is not working, although he has no physical or other restrictions and isn't too old (50s).

In the separation agreement it notes that his child support calculations based on pre-retirement earnings was in the $900s, whereas his post-retirement child support obligations were in the $600s (which is what he's been paying all along). I can't remember the discussions and why we didn't start higher and adjust.

I had consulted with lawyers who were going to prevent him from retiring, or at least prevent him from voluntarily reducing his payments, etc. I wasn't going to prevent him from retiring, but I don't see why he couldn't work part time at Home Depot or consulting as opposed to spending every day sailing in his new boat. [For what it's worth, he always said that effectively he would be earning exactly the same after retirement because funds wouldn't be pulled out of each paycheck for pension, etc.].

Didn't I hear somewhere that courts don't like for a parent to select voluntary unemployment versus the usual being unable to find a job? Can you tell me more? What would I do if I wanted to play hardball?
 


jumac

Member
Voluntary unemployed is looked down on by the courts if the parent is trying to...

1 get out of paying child support.

2 get a higher amount for the parent paying child support.

Unless you can prove that the main reason your ex retired early was to get out of having to pay as much cs as he was you may have a hard time getting the courts to do anything bout it. The most the courts going do is re figure it out at what he was making before and tell him hes gota pay that.

Why dose this sound more like you are mad that he is now out enjoying his retirement insteed of working his butt off to give you more money.
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? KY/VA

When my ex and I went through mediation three years ago, he was planning to voluntarily take a big retirement package from the federal government in a year (which he did). Now he is not working, although he has no physical or other restrictions and isn't too old (50s).

In the separation agreement it notes that his child support calculations based on pre-retirement earnings was in the $900s, whereas his post-retirement child support obligations were in the $600s (which is what he's been paying all along). I can't remember the discussions and why we didn't start higher and adjust.

So you knew he was going to do what he did BEFORE you had an order. Why do you think you get to now change the terms?
 
You're getting your cash from him according to the decree, correct?

You just can't stand it that he's retired and enjoying himself WITHOUT YOU.
And a lawyer "compelling" him to work? Please, don't ask this in all seriousness.

You sound envious, vindictive and all together not very well adjusted to the real world.

Wake up.
 

Artemis_ofthe_Hunt

Senior Member
You're getting your cash from him according to the decree, correct?

You just can't stand it that he's retired and enjoying himself WITHOUT YOU.
And a lawyer "compelling" him to work? Please, don't ask this in all seriousness.

You sound envious, vindictive and all together not very well adjusted to the real world.

Wake up.

Ok, just stop. That last bit? Over the top. No, she's not liable to be able to do anything now that the decree is signed. Still though, really?
Maybe I'm feeling a bit more magnanimous than usual here, but still.
 

Artemis_ofthe_Hunt

Senior Member
Well, actually... it seems pretty much on the mark. IMO, anyway.

Maybe something in the conversations from last night has something to do with it. I didn't get that at all. What I got from it is someone who was used to being taken care of by everyone and .... ya know? Now that I re-read this again... ya, you and Sanuk got this one on the mark. Sorry Sanuk. :o
 

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