Child Support Reduction for School?

KellNY, RN · Jul 17, 2006

I haven't had to deal with it, per se, but how's this sound?

Your child has needs that you must help fulfill whether or not you wish to further your education.

I see no reason that child support payments should be adjusted.

*Now*, having said that, maybe if you're on good terms with your ex-partner, could you two work something out? Maybe you'll take your child a few more days a month in exchange for a small reduction? If she has a well paying job and does not "need" the full amount right now, maybe she'll be willing to let this slide, as when you grad and make more $, your CS payment will go up accordingly.

ZASHAGALKA, RN · Jul 17, 2006

As a result of my dealings with family court, I'm practically a lawyer on the subject. (Although, for the record, in accordance with TOS, i'm not giving out legal advice, just my personal experience.)

In Texas, at least, child support is based on 'potential' earnings; not actual earnings.

If you underearn, for whatever reason, school, etc., your cs will be still be based upon what you are 'capable' of earning.

So, as long as you have a nursing license, your cs will be based on what a f/t RN can earn (but, if it is currently based upon expected overtime, you can probably get the amount reduced to just a f/t salary).

Now, if you were to 'lose' your license, you could petition for a reduction. But, that would likely not serve you well for CRNA school.

In many ways, cs is not based upon 'needs of the child' but upon your income generating ability. That might not be completely fair, but the concept is also one of relative 'economic parity'. The point being that it's not considered fair that your child's support is limited because YOU voluntarily limit your own income.

Your best bet is to work out an arrangement w/ your X, if possible, to temporarily reduce your support NOW in exchange for more support later. I'd throw a specific dollar amounts into that proposal: 600/month NOW in exchange for 1200 when I graduate.

Don't count on your X going along with this. Why? If you go to school, she can petition for the increase ANYWAY. It's only a deal-maker if you can convince your X that, without her support, the additional schooling and subsequent additional support is a deal-BREAKER.

You might even stipulate, if it IS a deal-breaker, to pay her support for a longer period of time, say, an extra year. No matter how angry an X can be, money talks. Think of it as a 'student loan'.

But, let me advise, if your X IS agreeable, get in in writing through the Court, even if it costs you the legal fees. Shouldn't be too expensive for an uncontested change. Otherwise, verbal agreements can subject you to much back child support, fees, interest, and possibly jail time when the agreement you made isn't worth the paper it WASN'T printed upon. (And said paper also isn't worth a flip without a valid Court stamp of approval.)

In Texas, at least, being in arrears on cs is cause for revocation of licensure.

Otherwise, calculate your cs into your financial planning for CRNA school.

But, don't count on any court allowing you to relax support for school. Why not? If that were routine, lots of guys would finds schools that they don't graduate from until, conveniently, support is scheduled to end. Unfortunately, the minority that would 'play' with such rules prevent those very rules from being flexible.

Good luck.

~faith,

Timothy.

PTU2SLP · Jul 17, 2006

It seems you already have good advice. I can tell you that you just have to find some way to borrow the money to pay it. I just ended up owing about 40k more in loans than my classmates. I don't recommend any type of deferred payment with your X b/c you will be paying a ton of money once you get out anyway. It can be done b/c I did it! Good luck.

Melina · Jul 17, 2006

Your child has needs that you must help fulfill whether or not you wish to further your education.
I see no reason that child support payments should be adjusted.

I couldn't agree more. If your family was intact, then it may be okay to agree as a family to make some sacrifices so you can further your education. As it stands, you are on your own. Your child will have a hard enough time believing he is the most important thing in his parents' lives w/o having to step aside so you can go to school.

I am a single mother attending nursing school, so I am not without experience when it comes to sacrifice. But it is me that needs to sacrifice, not my son. I agree with the other poster as well; just take out more loans, or try for a fellowship. Good luck!

~Mel'

West_Coast_Ken, BSN, RN · Sep 18, 2006

In Texas, at least, child support is based on 'potential' earnings; not actual earnings.

That is not the way it works in Denton and Dallas counties for the last 15 years, including the present. Child support is based on the State Family Law code for Texas. I know because I've both received and paid child support in Texas and child support is based on a prcentage of earnings according to a published support schedule, not one's potential earnings, whatever in the heck that is and how it is determined.

In Texas, one child is 20%, the next is 5% more with a cap at 40%. This is for "normal income folks." The rich...well this is where they get their real fun. If the non-custodial parent is out of work, the support is usually set at a minimum of 40 hours/week X minimum wage. I've read the Texas law (many times) and what was said above is not correct.

Look at it another way: there are TWO persons responsible for supporting a child, Dad AND Mom. One can and must pick up the slack if the other has to regroup and retool for a better life or if one gets sick or injured, etc. There are no guarantees in life and that includes child support.

If one is trying to better their life by going to RN school, has recuded or zero income due to being in a full time program, AND junior will have a better support amount from the non-custodial parent as a result of the new occupation, then at least in Texas, 1) the support ammount is reduced and 2) there isn't a durn thing the custodal parent can do about it but whine. It happended to me (sorta...long story) and it's happening to my ex now. Lots of things change over 18 years including incomes and jobs.

The law can not and does not try to make a non-custodial parent essentially a slave to making as much money possible (or 'potential') for 18 years and no possibility to change careers. Not in Texas, thank goodness.

I am a non-custodial parent with substantially reduced support amount while I am in RN school right now under a Texas support decree. It's tough on everyone but I'll be done in 8 more months!

Regards,

Ken

ZASHAGALKA, RN · Sep 18, 2006

That is not the way it works in Denton and Dallas counties for the last 15 years, including the present. Child support is based on the State Family Law code for Texas. I know because I've both received and paid child support in Texas and child support is based on a prcentage of earnings according to a published support schedule, not one's potential earnings, whatever in the heck that is and how it is determined.

You're right but wrong. You do pay a percentage per child, and that percentage is based, most times, on your actual income, but it is technically based on your potential income. You are not allowed to under-earn in order to avoid child support, for any reason, including school.

The difference, and why YOU were able to get a reduction is because you are going through an RN program. If you stop working at a job, without a guarantee of another job at that level of inocme, YOUR income drops to, basically, minimum wage. And so YOUR child support can be decreased on par, and based on min wage.

But the OP already has an RN license and is capable of earning a f/t RN wage NOW. As a result, the percentage of child support is based on his POTENTIAL to make an RN salary. If he were to leave an RN job, he would still be able to secure a job as an RN. Therefore, his salary level will never be reduced to a minimum wage level, unless, he lost his license. And, his child support will be based on what he is capable of earning: a f/t RN salary.

This concept is fully expressed in Texas Family Code.

~faith,

Timothy.

Night Light · Sep 18, 2006

My ex boyfriend went through something similar. Child support payments are based on available income. I'd get the advice of a lawyer on it, because they seem to be the only ones with the answers, if you're serious about it. Or you could ask a lawyer in a consultation if it's possible, before you invest in that whole shibang. But ya, there's ways of getting your child support decreased, just as long as you're not screwing your kid in the process.

Pompom · Sep 18, 2006

Your child support is a seperate issue from school, the kiddo was there first and must be taken care of. Although it is difficult, taking out loans may be your only way. On the bright side, once you have your CRNA many employers offer loan forgiveness and great sign on bonus'

teiladay · Sep 18, 2006

Uh oh.. sounds like the OP is in trouble. I'm not an atty, just waiting to go to law school and aspiring to be a divorce attorney for men (also considering CRNA). I've been through the texas cp issue and I am surprised at how many men get put through the ringer..

Nutshell:

Some states are MUCH better than others to get a divorce in, same goes for cp. Texas isn't a bad state for cp in the least. However... (in my experience) It is best to hold off on all degrees, licenses, advance training, etc., etc.. UNTIL after the divorce and cp..

For all of those men who haven't divorced yet, You do NOT have to get a divorce and have cp figured in the same state (again, this is from MY actual experience and planning only). You merely have to have in "interest" in both states.. residency, property, immediate family lives there, etc..

It seems at face value that the OP is stuck out on a far limb. But for those who haven't got divorced yet.. PLAN your divorce 100x more carefully than a woman plans a wedding and the outcome can be substantially different (in your favor).

I won't go into detail here, and of course ALWAYS seek legal help from a LICENSED attorney & member of the ABA.

Good luck!

Teila

[email protected]

Outdoor1 · Sep 19, 2006

It's a funny thing how life and our commitments don't stop because we want to go back to school. I agree with most of the posters here. 1st talk to your ex and if your child doens't really need this money at this time go to a lawyer together and have something drawn up where you can maybe pay her extra later for the payments that are decreased while you are in school.

Bottom line if your ex doesn't go for that just suck it up and take out big loans. Heck...just take out a lump sum and give it to them up front so you don't have to think about it during school. Sorry for the situation...it sucks...mostly for the kids probably, but it's really hard on the grown-ups too. Good luck

allnurses Guide · Sep 19, 2006

Wow, my ex got off easy . . . and he lived in Grapevine Texas for about 6 years!

He paid $250 per child per month for our two sons for 16 years. It never changed, regardless of his income. I didn't want to rock any boats and I even let him off the hook for cp for an entire summer when he moved to TX from Nevada.

I'm just too nice . . . . but I was trying really hard to make sure that he stayed in their lives. I see now that it wasn't my responsibility to do that. And it didn't work anyway - he was rarely in their lives and they don't have a close relationship now that the boys are adults.

As to paying child support - I'm in favor of paying whatever the going rate is and not complaining about it. You made those children, now take care of them.

Get a loan, talk to your ex about a different plan while in school.

steph