Is this

[WittyUserName]

...Deliberate Underemployment?

What is the name of your state (only U.S. law)? ID

Okay, I've been trying to distill this into something short & sweet...and then I hit the wrong key and posted as I was typing the title. Sorry.

Support order was set up in 2003; according to Idaho's shared income model it was a 64/36 split with me being the 64% parent. Dad has since dropped out of college to work full-time (he'd moved to CA shortly after our daughter was born) and back home I was dealing with our child's cancer treatment. This had an unfortunate chilling effect on my career - five years later I am no longer bringing in as much income, but Dad has had a pretty big increase. Since it's been five years, I'm in process of requesting the review by CSE.

My question: Kiddo has visual impairments related to the cancer. School district informed me this year that if I want her to continue in her extended resource classes ("Braille Class", as it's known around here) I will need to provide transportation as they are no longer going to offer bus service. It's a colossal pain, but if that is what I need to do for her I can do that.

It's going to mean cutting about 8 hours a week out of my work schedule, however. Can Dad use this situation to claim I am “deliberately underemployed”? His perspective is that because she's not completely blind, I am overreacting on the need for the special education class. However, the ophthalmologist, oncologist, and her teachers (none of whom Dad has had any interaction with) have all recommended that she stay in the class.

What do you all think?

 

[Humusluvr]

.My question: Kiddo has visual impairments related to the cancer. School district informed me this year that if I want her to continue in her extended resource classes ("Braille Class", as it's known around here) I will need to provide transportation as they are no longer going to offer bus service. It's a colossal pain, but if that is what I need to do for her I can do that.

It's going to mean cutting about 8 hours a week out of my work schedule, however. Can Dad use this situation to claim I am “deliberately underemployed”? His perspective is that because she's not completely blind, I am overreacting on the need for the special education class. However, the ophthalmologist, oncologist, and her teachers (none of whom Dad has had any interaction with) have all recommended that she stay in the class.

What do you all think?

I don't know about the rest of it, but you may be able to have the school look at the child's IEP, and the child be required to get transported to the program based on her disability. There are a lot of rules when it comes to special education and IEP's, and if your daughter is blind, then the school may HAVE to provide transportation - like it or not. I would research the laws on special education in your state (I started googling and found some info). May save you having to transport.

Want to add, your ex is a jerkoff.

 

[WittyUserName]

Hi Humus!

Yeah, that's in the plan too. (See what happens when I try to keep it simple? End up leaving stuff out.) There are five kids in the district in this class, and all the families are going to try to appeal. We even got together to try to work out a carpool but as fate would have it, Kiddo and I are the only family that lives clean across town.

So for now I'm just going to deal as best I can. But long term there's going to be more discussion with the administration. Just bites that it has to happen right now, with the cs update happening. And gas at $4 a gallon or whatever.

 

[penelope10]

I don't know about the rest of it, but you may be able to have the school look at the child's IEP, and the child be required to get transported to the program based on her disability. There are a lot of rules when it comes to special education and IEP's, and if your daughter is blind, then the school may HAVE to provide transportation - like it or not. I would research the laws on special education in your state (I started googling and found some info). May save you having to transport.

Want to add, your ex is a jerkoff.

Wanted to 2nd the fact that the ex is a jerk. I'm not in a good mood tonight. Send him my way and I'll drop kick him for you.

Sorry I couldn't be of more help in the legal advice area

 

[Gracie3787]

No, I really don't believe that ex would be successful in claiming this as underemployment in court. You have a very valid reason for earning less, and it's in your child's best interests, so I don't see where any Judge would hold that against you.

I agree with the others, your ex is a real jerk, maybe some day he'll grow up.