Just looking for some advice....
BM recently got fired from her decent paying job and decided to work at a daycare. (drastic pay cut). When her lease on her house came due, she decided she couldn't afford it (1600+/mo) and is moving her and the kids in with her grandmother (not a great house, actually could be considered very bad housing). She has now filed a motion to increase child support, saying he didn't pay her enough to afford to continue her lease. We have kids every F/S/SUN. He told her he wouldn't be able to afford 3 days plus more c.s. and she said 'oh nice, punish the kids!'. he has considered filing for custody but hear that in CT its very hard for dad to win. (even tho kids have switched schools 3 times in a 18 months because she can't keep a place to live). She is no involved in kids lives, does not go to school mtgs, kids aren't involved in anything extracirricular and she hasn't had them on a weekend in years. they're all boys.
so, i'm not sure if thats enough of the story to get opinions, but what do people think he should do? He'd have to get PT job to afford more c.s. and I work every weekend so.....
should he try custody? (oh, it'd have to be pro se, can't really afford atty).
Check State Law
Here is a URL to follow: http://www.jud.ct.gov/Publications/ChildSupport/2005CSguidelines.pdf
This is for the calculation of CS in CT. I have not completely read through it but in my state she can't just "choose" to have a pay cut and then ask for more money. She also isn't realizing that here CS originally was based on only the kids that she had with your DH and if you and your DH have any children together or if he is a step parent to yours in your house then that is factored in as well. That is how you get the number of children to use in the calculation.
If you need further help just PM me but basically no, I don't think she would win here. As long as you go in with documentation on your behalf no court can deny facts.
We went through this with BM
BM chose to quit a very good paying job and start a business of her own and claims to be making less than minimum wage. We are convinced she set up a fake company just to avoid a raise in CS. The Judge said ok you make minimum wage now but it is by BM's own choice to leave a good paying job and start her own business. The Judge ruled that her decision to take a pay cut are not in the best interest of the children and is not fair to the children to have to do with less because she made a bad decision. The Judge imputed her income by using the last 4 years of tax returns. That is when we found out she lied in the original CS hearing about how much she actually made.
The Judge basically called her a liar in the ruling.
My DH is the custodial parent and he has not been able to maintain a stable job himself. The Judge also imputed his income. The CS is based on what both parents can potentially make.
As far as going for custody be prepared for a fight. These courts are pretty pro BM. But my DH did win custody so it can be done.
"GO BACK TO YOUR BRIDGE YOU EVIL TROLL. YOU HAVE NO POWERS HERE"
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