Auburn, NY asked in Family Law and Child Support for New York

Q: Is leaving a higher paying (overworked, understaffed) job for a lower paying one considered voluntary leave?

This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef, cook) I went from cooking for 11 years to going into manufacturing (tessy plastics) gave my all for 2 years, after noticing my mental and physical wellness started deteriorating, I went back to my previous job, and received a raise for going back… someone help me please, I don’t know how to prove to this guy I’m not some jerkoff looking to avoid support. I’ve been current and active in making sure all payments are made. I’m in the child’s life. This guy has been super hard on me since I’ve started paying in 2018

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

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