Q: If I have to take a lower paying job to be close to my children will the court see this as under-employment?
My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and support them in other ways that just financially. I am considering abandoning by 25 year career in pharmaceutical advertising to take a menial job just so that I can be with my children. My ex also abandoned her career to live in this area and took a simple job and makes far under her earning potential. If I were to do the same will I be penalized for wanting to be near my children and forced to pay the same rate of maintenance and child support although I could never afford to. I currently make a mid-6 figure salary and the best job within 50 miles of my children pays less than $50k. Thank you in advance for your response.
A: This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.
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