Can my ex-husb reduce his child support because he is going to iraq as a resevist and his pay is getting cut?

Answer 1

Whatever the court has ordered him to pay stands, unless he goes back to court. If his pay has been reduced, he could go back to court and attempt to have it lowered.

It's possible he was ordered to pay a certain percentage of his pay. In that case, if you believe he's being dishonest, you'd need a good lawyer to go to court and try to prove it.

Answer 2

he would have to go to court and ask for a reduction, and it is possible for a judge to grant it, being that child support is based on his income.

Yeah it is bad for both sides, because you will not get as much money, but he too is not making as much money either. Should he have to continue to pay what he is currently paying....then that will leave him very little money at all, and that too is not fair to him...it is a terrible situation to be in. but also know this....once he returns and his income increases, you can go back to court and ask for a increase in child support. Just please be human about it.....give him some time to get established back in his job, and you may even be able to come up with some agreement between the 2 of you without going to court. You could even do that now....by talking civilly to see how much his income is going to decrease per month, and then subtract that from what he is paying you know.....write it up and sign it....this will be a binding contract even in court....because it shows both signatures....make copies for him....and put in this (if you choose to do this) that once he returns from Iraq and established is job again, that the 2 of you will come together, and agree on an increased amount. If he does not agree with this....then you will have to go to court.

Answer 3

He can actually ask for a modification based on the fact that his income will be reduced now with that being said he has probably hired an attorney to handle this but why would you want him to pay support based on income that he doesn't have also usually when they are in the military about to deploy they go to court pretty quick at least my Husband did I hope this helps.

Answer 4

He's going overseas and getting danger pay, but his pay is being cut? Maybe I'm missing a detail or two but that sounds odd.

Either way, if the support order is set up as a percentage of his income, then he simply pays less. If it's a fixed amount, then he needs to get court approval to reduce it. If he gets that approval, there's not much you can do about it.

Answer 5

I don't think he can have it reduced. I think it is up to a Judge on that, for he has to hear the circumstances and goes by the Gross Income and decides if his situation is crucial or not for the reduction.

My ex-Husband, in his case he was a "Tightwad" and had the idea to get his child support reduced and the Judge didn't honor it, so when I recall this, I know the Judge has to see some kind of "hardship" with your Ex's earnings and he will decide then after.

Best of luck to you! (They really try to hit us where it hurts"------ $$$$$ sense!)

Answer 6

I don't "think" he can have it reduced, I know he can have it reduced. If he had voluntailry accepted a lower paying job you could hold him tothe original support payment. I don't know him but I am willing to bet that if given a choice he would rather pay more money a month tha have his *** shipped off to Iraq where he could get blown up by a road side bomb and then you would get like nothing a month. Cut the guy some slack. I know you are broke up and there are feelings there. But, do you really wan your kids to grow up without a Father?
When (if) he comes back, you can get the payments bumped back up




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Answer 7

well they don't receive special treatment but as you should already know ,child support is based upon how much the other parent makes ,if his pay is being cut and he has proof of his pay cut than yes he can go to the court and have his child support reduced until he gets back or starts making more money.But he has to do it by the courts he can't just make that decision on his on because ofhis pay cut.

Answer 8

If he's getting deployed to a combat zone, he is getting MORE money, not less. Don't let him sucker you in with his lies.

The amount set by the court can only be changed by a new court ruling. So maybe you should to back to court to ask for more. Serve him right for trying to pull the wool over your eyes.

Answer 9

It is quite possible he can since child support is determined based upon what his income is. If his income gets decreased then so will the child support.

Answer 10

if he's full time job cuts he's pay (the source of child support) yeah....him being called to active duty is a different issue....see a lawyer...