Support and 'under earning'

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11JB68

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Support and 'under earning'
« on: December 13, 2018, 12:46:19 AM »
Has anyone here been able to reduce our eliminate the support they pay to ex spouse, due to judge determining that ex is 'under earning' (capable of earning more).
And if ex is uPD....is the under earning a choice or is it seem as due to a mental illness?

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Findingmyvoice

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Re: Support and 'under earning'
« Reply #1 on: December 14, 2018, 03:08:23 PM »
My lawyer is supposed to submit an application today using the same argument.
I'll post the result, I'm not very optimistic.

However, PDx is now claiming to be not mentally ill so doesn't need counseling or supervision or psychiatric treatment and asking for increased parenting time with the kids.
She also claimed that she has nothing preventing her from normal everyday functioning.  Which would indicate to me that she should be able to hold a job.
And claimed that she does not have borderline personality disorder, only borderline personality disorder "traits". (despite psychiatrist diagnosis)

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findjoy81

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Re: Support and 'under earning'
« Reply #2 on: December 14, 2018, 03:12:21 PM »
I am going opposite way - he is claiming a need to lower child support after losing his job (for doing fraudulent activities) and now under-earning. We'll see.