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 16:09:26 · 7 answers · asked by Miss phd 2 in Pregnancy & Parenting ➔ Parenting
Yes, any change in income can alter the child support.
2006-06-21 16:14:30 · 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?
2006-06-21 16:52:16 · answer #2 · answered by Lori A 6 · 0⤊ 0⤋
Not sure about OK, but in NE, once the jerks show the ability to earn a certain amount, judges aren't too impressed with them quitting a good paying job when they have kids to support. Good luck. Hey, you got child support for 5 years! Sounds like a new world's record! I got $300.00 one month out of 2 1/2 years; the order if $487.00 month. But I have court on Friday...
2006-06-21 16:39:52 · answer #3 · answered by Anonymous · 0⤊ 1⤋
As for oklahoma law, I'm not sure, but in Canada, it can be reassesed every year after taxes are done.
2006-06-21 16:13:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If he doesn't request to have it reviewed, it will be reviewed 3 years from the last review. Unfortunately, if he does do this, he can have it decreased dramatically if he has little or no income.
2006-06-21 16:22:13 · answer #5 · answered by AuroraBorealis 4 · 0⤊ 0⤋
well im not sure if he could modify child support in Oklahoma, but i know if you both lived in NY he could! call your Child support collection agency and ask them!
2006-06-21 16:56:21 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Y-E-S! IF HE LOST HIS JOB AND ASKS THEN HE PAYS 0. IF HE MAKES LESS HE PAYS LESS, BUT HE HAS TO ASK FOR MODIFICATION AND BE APPROVED BY JUDGE. BASTARDS! WAIT! SORRY, IF HE QUITS THEN HE WILL BE PURSUED BUT CAN GET AWAY WITH IT!
2006-06-21 16:41:26 · answer #7 · answered by syb e 2 · 0⤊ 0⤋