moonbeam
recently joined
Reged: 08/10/10
Posts: 9
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Part-time Work
08/10/10 10:15 PM
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I am the NCP (joint custody) considering accepting a part-time position at our child's school (a few hours each weekday).
The pay is minimal. If I choose to accept the position, by the time daycare costs are calculated for the school-aged child's half-sibling, I may net $30 a week IF I'm a contractor and if I'm W-2 employee (don't know this yet), I'll see absolutely no financial gain and it may even cost me a few bucks a month to do this.
But since it gives me an opportunity to be involved at our child's school and to interact every day, it's not AT ALL about the income. In fact, this is a volunteer position I did last year that has turned into a paying gig. The principal has even said, "I told the secretary you are the one I want for this job."
Monetary CS does not currently exchange hands. Short story: the asset split was such that the X owed me, It would be paid out over a period of time and when weighed against my monthly obligation for CS, it became a wash.
While I'm sure that the X can *request* a modification of CS to increase the monthly amount of a CS credit - thus expediting the date when the debt owed to me is paid off and I actually do send a check - what do you think the likelihood is of a judge granting it considering the gross amount of the position I'm considering is actually LESS than the amount used to impute my monthly CS obligation which was then washed out by the monthly debt payment?
Could my X successfully claim that I'm underemployed? Is it possible a judge would take my imputed income (minimum wage) at the time of the divorce and tack on the part-time wages and then adjust my obligation upward?
My fear is that if I accept this low-paying gig, I might be asking for another round of litigation with the X, and to what end? It makes absolutely no sense to me, based on what I understand about my state's CS calculators, for the X to take me back to court for 17.5% of the net.... but I also understand from experience that family law hardly has any sense of LOGIC involved. ;)
What do you folks think?
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