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Chil Support

rosie33's picture

So the BM was an RN for years, "resigned" forcefully from her job bc she was caught stealing pills and went to rehab for 22 days so nothing went on her nursing license and has received unemployment at a rate of like $500/week since then. Her unemployment will run out in March and she has made it very clear she will be taking my BF for everything she can (out of spite, and yes, she's made it clear its simply out of spite). I was told that even tho she has a RN license and has NO reason she cannot go back to work making a ton of money they are going to give her an earning capacity of minumum wage, meaning we are going to end up giving her a good bit of money in child support even tho she is able to find a very well paying job AND he has custody 50% of the time. This boggles my mind! However, I did find this in the PA support guidlines:

(4) Earning Capacity. If the trier of fact determines that a party to a support action has willfully failed to obtain or maintain appropriate employment, the trier of fact may impute to that party an income equal to the party’s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.

So this should mean they should hold her at a capacity of what she COULD make based on her degree and the fact she has no reason she can't work, correct?

TASHA1983's picture

For your sake I HOPE that is what it means!!! There is NO REASON why this troll cant work, she is just a lazy, bitter, gold digging bitch!!! I fucking cant stand women like that...I am currently dating a man who has an XW like that...she gets 230.00 a wk for one kid!!! Plus my BF has to carry her and the kid on his Insurance!!! Talk about having it made....

It isnt right that a man gets raped in child support just because the "mother" wants to be a lazy, bitter, gold digger. The system is SOOOO FLAWED!!!

I wish you the best with this!!! Smile

rosie33's picture

Couldn't agree more! He does pay for the insurance and she gives us a hard time when we tell her she has to pay for co-payments! He will also be paying for daycare while they are with us starting soon. It is an extremely flawed system! Thx for the luck, I have a feeling we are going to need it!

SanAntonioSoccerMom's picture

If she resigned (quit) how is she drawing unemployment?

In any event, if she did quit her job I don't see how should could get more support based on that alone. It is no different than the non custodial parent quitting a job in order to pay less. It doesn't work that way. Now if she was fired or lost her job, it may be a material change in circumstance to modify, but that does not mean her potential income would change.

If she was caught stealing pills, I don't see how that would not be on her record. If she is a drug addict, maybe your boyfriend should look into a custody mod instead of a support mod.

rosie33's picture

These are all the questions we have asked as well. She was well protected by the union. What we think happened is the hospital told her that she had to go but if she agreed to go straight to rehab then on paper it would look like she resigned and wouldn't be any disciplinary actions on her license and she could get unemployment. Nice huh?! She just couldn't come back to that hospital for employment too. It's amazing what she got away with and has no desire to go back to work. We are currently doing a custody mod and coming up with the things we want to change. We do plan on having her drug tested but we aren't very clear as to what that will give us. We have to meet with our lawyer again and go over specifics.
What we don't understand is that she attempted to file for support back when she "resigned" and wasn't getting her unemployment yet and they told her she would be held at the rate she was making as an RN - which would end up with HER paying HIM support! So as nice as we are, we told her we would give her $100/week when she had the boys until she got her unemployment and thats what we did. They also told my BF that after her unemployment ran out, they would still hold her at her earning capacity as an RN bc she could work but now that we heard they can hold her at min wage rate we are worried. We are trying to save for a house and if we have to pay her like $200/week or something, thats gonna blow our savings out the window. Mind you, she has NO BILLS! She lives at home, drives her mom's car and doesn't work. All she pays is for two cell phones.

StickAFork's picture

I wish so, but probably not.
When we got custody of SD, her mom made $60Kish a year. She QUIT her damn job the week after custody changed (support was held over for a month.)
She wasn't ordered to pay CS. Matter of fact, we were ordered to CONTINUE paying CS to HER...even though we had SD 99% of the time (her mom got less than 48 hours of visitation a month!)

Court is a crapshoot.

StickAFork's picture

It had the same effect on me. Then it went to yelling and pissing and moaning. Then I eventually accepted it. It takes too much out of me to focus on it.

I wanted to kill someone, anyone, when we got the ruling, though!

buterfly_2011's picture

Hate to say it but probably not. Both of our BM's quit their jobs. Neither has worked in 3 years. BM #2 was a manager.... of a HUGE corporation. And BM #2 was employed by a major bank in our community and held a good title. When they figured our support out (a few years ago) they only made them put down what they would be making IF they worked a min wage job. So that of course put DH WAY over and ended up killing him financially. Judges just don't give a shit about dads. As long as these women have golden uterus's men will never be cared about. It's all about money money money. I am bitter as you can see but when we only have about $300 left over MONTHLY from my DH checks I have reason to be and both bitches call non stop for more.

herewegoagain's picture

That is what it means. So when she takes you to court, you take the darn print out to the CSE office with you. CSE offices like to screw with people that don't know the law and don't know their rights. Also, within a few weeks prior to the court date, get some print outs from or other local papers for all the darn jobs that are out there for her qualifications. Cover your butt. If you don't let them screw you, they usually don't...but if you go in there letting them think you don't know your rights, they will do whatever is easiest for them.

Orange County Ca's picture

Although on the surface it says her nursing income should be considered there are often conflicting provisions or rulings. That's why attorneys are often worth their money. I certainly would make sure your boyfriends attorney points this provision out to the judge in any hearings on the subject.

Now why are you setting yourself up for a life of this? With a millions guys out there without children go and snare one of them to spend your life with. I can assure you that money will not be the only thing these two fight about. With her attitude EVERY last thing will be the cause of drama, anger and perhaps attorney/court expense with this guy.

Do you really need a guy that badly?

c-mom's picture

Wow... just absolutely wow.... The system is definitely flawed. I think the courts still think every divorce is a man's fault and that just isn't true any more. Good luck!