MOZEY2
recently joined
Reged: 06/21/04
Posts: 1
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My wife and I are seeking a divorce. We have an infant daughter. I am no longer living in the home. I am currently paying child support. In August I will begin studies at a top law school on a full-tuition scholarship. Law school rules stipulate that no student should work during the first year of law school. My wife wants to challenge my going to law school if it means I may not be able to pay any child support for about 9 months. She does not realize that allowing me to attend this top 25 law school will dramatically increase my earnings potential, benefitting all of us. She would rather continue getting 20% of my small current income, $30,000 indefinitely.
Is it possible or likely a judge will side with her? Can I be forced to give up a full tuition scholarship to law school? The law school does not have a part-time program.
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Eric
old hand
Reged: 05/30/04
Posts: 807
Loc: USA
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The judge will side with her.
Welcome to the real world.
Want to know more?
www.FIRMncp.com
Eric
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Equality is not a difficult concept
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
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[color:green]Were you enrolled in the school prior to the divorce? If so, was your wife in agreement and how were you planning on contributing to the support of your family?
Depending on your answers depends on [maybe] how the Judge will react. [/color]
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Stellar
recently joined
Reged: 06/21/04
Posts: 3
Loc: IN
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I realize you didn't quit your job but thought this might apply since you mentioned the not working. This is off www.divorcenet.com:
My spouse had a good job which he/she quit because he/she knew the child support I would receive would be partially based on his/her income. What will happen in court?
If your spouse quit his/her job to avoid his/her financial obligations to the children, he/she is in for a nasty surprise. The Indiana Child Support Guidelines provide that an unemployed, or under-employed parent's obligation will be based on his/her "ability" to earn, not his/her actual paycheck. So, if he/she is a brain surgeon who got a job at McDonalds hoping that his/her obligation would be based on $6.00 per hour, he/she will have to figure out a way to pay a doctor's child support obligation on a hamburger flipper's wages.
Maybe your state's guidelines are different? Hope this helps!
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"Every new beginning comes from some other beginnings end"
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ok4now
recently joined
Reged: 06/24/04
Posts: 4
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I am assuming that your weekly support is about $115.00??
Since you will only be unable to work for 9 months, that would make a total of $4450.50 that would be owed in support for your daughter. Is there any way someone could help you out....maybe your parents by setting up a checking account for you in that amount, so you could make your CS payments. Then when you are able to work that money could be paid back? Or...would it be possible for you to get some additional job until you start school to put that money into an account that could be used for CS?? It would be a shame for you not to be able to go to school over this....ultimately it will be your daughter who will loose out.
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GraceAdler
recently joined
Reged: 07/11/04
Posts: 18
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Child support is also based on time with the parents. If you can get joint legal and sole custody where she is with you half the year then I don't think child support would be ordered.
Do a search for your state laws and find the site for your state's child support guidelines, which may also be available at the courthouse.
Edited by GraceAdler (07/11/04 04:14 PM)
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