My child's father has worked for several years (5) making a significant amount of money. I never increased his child support. Now he has quit his job to move overseas with his wife and go to school. Can he get his child support decreased?
2006-06-21 15:48:47 · 10 answers · asked by Miss phd 2 in Family & Relationships ➔ Marriage & Divorce
You'll have to carefully read the whole statute but in my interpretation, he's not getting off that easily if you choose to fight the modification request ...
http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=439676
2006-06-21 15:54:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A loss of job is a material circumstance and while I'm not familiar with Oklahoma law, I suspect he can ASK for a change. All judges have the right to impune income to someone who is electively unemployed or under employed. This basically means someone can't refuse to work, or not take a job for which they are qualified just to get a lower support order. So there is probably a fair chance his request would be denied. However, I forsee a much bigger problem - enforcement! If your ex decides to be a dick and not pay, collecting from overseas is likely a big problem. Call a lawyer now. I know you can block a custodial parent from leaving the jurisdiction. I'm not sure you can do the same in this instance, except maybe if he's stupid enough to make it look or say he's doing it to cut his support or to be wholly selfish. If he's going to school, how does he plan to pay his bills anyhow? Has he told you that he intends to not pay or pay less?
2016-05-20 10:15:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Idon`t know about where you live but here in Florida if you leave the state Child Support Enforcement will hunt you down. And they also modify your child support here every 3 years. You get raise you get an increase in child support. If you loose or quit your job thet base it on what you can possibly make . So if he`s been making $15.00 an hour for the last year or so they will base it on that. He can run but he can`t hide!!! Contact Child Support before he leaves so you can take him in front of a judge!! I have been threw this for the last 16 years and they will not give me a break at all. They have taken my taxes, Driver`s license and Income Deduction Order and Took money out of my bank account.
2006-06-21 15:55:31 · answer #3 · answered by bren_jim 5 · 0⤊ 0⤋
it goes on the amount that he is earning so if he is not working or has a less payed job than i think it will work for him that he can change his child support to his child. he cant pay if he has no money or less than he did.
2006-06-21 15:55:17 · answer #4 · answered by Raylene M 2 · 0⤊ 0⤋
Anyone has the right to ask for an amendment to the original document. Whether or not granted is another thing. GET A LAWYER.
2006-06-21 15:54:29 · answer #5 · answered by rrrevils 6 · 0⤊ 0⤋
Yes, I believe he can. Since he doesn't have a job, he won't be making the amount he's normally been paying. So he won't have the same amount to be able to give out.
2006-06-21 17:42:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
usually not if you lost your job through efforts of his own . check the ok statutes online, search for child support or issues regarding families children and marriage
2006-06-21 15:54:37 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I don't know about OK but in NE he could. I would be more worried about if you'll ever get it again after he moves overseas.
2006-06-21 15:58:27 · answer #8 · answered by unicornfarie1 6 · 0⤊ 0⤋
Get a lawyer quick. The rules are different overseas!!!!
2006-06-21 15:50:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes he can
2006-06-21 15:51:23 · answer #10 · answered by nickiey 2 · 0⤊ 0⤋