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#200732 - 03/02/07 08:22 PM what happens if ex quits job to take lower pay?
pink_lady Offline
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Registered: 03/02/07
Posts: 5
2 wks till hearing to establish child support.Husbands Ex was served monday, and is now telling the kids she plans to quit her job after this weekend for a job paying much less, but gives her better job advancement. What does this mean when going to court and calculating support? can she actually quit her job for a lower paying one to escape child support without any consequences?

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#200733 - 03/02/07 08:23 PM Re: what happens if ex quits job to take lower pay? [Re: pink_lady]
googledad Offline
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NO . CS would be imputed from what she is actually capable of earning .

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#200734 - 03/02/07 09:58 PM Re: what happens if ex quits job to take lower pay? [Re: pink_lady]
Gecko Offline
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can she actually quit her job for a lower paying one to escape child support without any consequences?

---> Yes and no. It would depend on how much less she is earning and how long it it take to get back to her current wage.
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#200735 - 03/02/07 11:35 PM Re: what happens if ex quits job to take lower pay? [Re: pink_lady]
almostheaven Offline
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It means that his lawyer needs to be on the ball, ready to show what she WAS earning, and that she just recently quit for a lesser paying job and request the court impute her income to what she previously earned.
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#200736 - 03/03/07 12:02 AM Re: what happens if ex quits job to take lower pay? [Re: almostheaven]
pink_lady Offline
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Registered: 03/02/07
Posts: 5
well,i have her on tape admitting to my daughter she plans to do this. Not sure if a judge would listen since it was recorded, and both had no knowledge of it.

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#200737 - 03/03/07 02:21 PM Its not necessary... [Re: pink_lady]
almostheaven Offline
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Loc: West Virginia
You can show she was employed elsewhere. You can request that she be forced to submit her prior year's tax return or W2s to show she DID earn more. You don't have to show that she planned it, just that she did it once she does.
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Char Fox

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#200738 - 03/03/07 03:54 PM Re: what happens if ex quits job to take lower pay? [Re: pink_lady]
Gecko Offline
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Not sure if a judge would listen since it was recorded, and both had no knowledge of it.

---> Not only would the Judge NOT listen to it, but you could be charged with "wiretapping".
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#200739 - 03/03/07 05:01 PM Re: what happens if ex quits job to take lower pay? [Re: Gecko]
pink_lady Offline
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Registered: 03/02/07
Posts: 5
yes, i understand the wiretapping issue. She is suppose to show proof of income, w'2s & last 2 yrs of income, but i'm guessing she'll just say she lost her job this week and had to just take something quick. Its frustrating. I would think the court would be harder when its intentionally underworking. I found an az law 25-511, and wondered if this would hold up if i brought it up during the hearing.

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#200740 - 03/03/07 06:29 PM Not sure on that... [Re: Gecko]
almostheaven Offline
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I've seen this discussion before. And I'm not sure, but I don't think it's illegal to tape your MINOR childrens' phone conversations. But it still couldn't be used in court.
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Char Fox

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#200741 - 03/03/07 06:41 PM It would depend on what it was... [Re: almostheaven]
gr8Dad Offline
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...used for, and how it was presented. Just the existence of such a tape could be enough to challenge credibility. For example, the lawyer presents the statement to the court that she quit to avoid CS. Their side denies it. You ask the permission of the court to play the tape, their side objects. Well, the ONLY reason they would have for objecting would be if the tape proves she DID quit for that reason, so that would HAVE to affect the judges decision, even if not on legal grounds, causing her credibility to come into question.
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Why give a "senior" discount, they have had plenty of time to raise the money...

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#200742 - 03/03/07 06:44 PM Re: It would depend on what it was... [Re: gr8Dad]
googledad Offline
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B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that's legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, it is recommended that you consult an attorney in the appropriate jurisdiction



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#200743 - 03/03/07 07:40 PM Yabbut... [Re: googledad]
almostheaven Offline
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You'd have to further research the wiretapping laws with regards then to minors. Do they actually consider a "child" as a "party". Or is their parent the responsible party, and therefore permitted to tape the child's conversations? This was hit on in a topic once before and I'm thinking there was something about a parent taping a child's phone calls that fell outside these no taping laws.
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Char Fox

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#200744 - 03/03/07 07:42 PM Re: Yabbut... [Re: almostheaven]
googledad Offline
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Registered: 12/31/05
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OP is not a parent , she's the step-mom .
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Careful. We don't want to learn from this.

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#200745 - 03/03/07 08:12 PM Re: Yabbut... [Re: googledad]
almostheaven Offline
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Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Well they could always claim dad was the one who taped it.
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Char Fox

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#200746 - 03/03/07 09:26 PM Re: Yabbut... [Re: almostheaven]
Redlegg Offline
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Rules of evidence are different for a civil trial vs. a criminal trial. Judges have the discretion to listen to what they want, whether it was obtained legally or not. They can listen in private or in public, and they can use it in making decisions on certain things within the rules of evidence. The standard of proof is very different for a criminal trial than it is for a civil trial, the whole reasonable doubt or preponderance of evidence standard. And of course you can always claim it was originally taped for Homeland Security. The standard may not be how it was obtained, but what it is being used for.

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