I'd like child support modification...?
My income has dramatically changed. From $50 per hour, to $14 an hour due to circumstances beyond my control. My child support is $325 per week (3 kids), my pay is $560. I have the kids 3 nights a week, so it is greater than 40%. I live in Florida. Any suggestions? I want to get an attorney and get it modified. I can hardly make ends meet. Kids are 16, 15, 12. She has since remarried, as have I. As I struggle, they are planning a large addition to the house...
2007-07-22 10:49:30 · 11 answers · asked by Smith S 2 in Family & Relationships ➔ Marriage & Divorce
Unfortunately, I dont think youre going to have much luck. You can certainly try but the courts dont care how you make the payments once the support is set,just as long as its paid. Raising the limit is easier than lowering it so you just might want to get another source of income. A word of advice once you go to court to get it reduced raises all sorts of red flags for the court to watch you closely for awhile so you might want to think about it before you do it. Im not telling you not to do it but be carefulhow you go about this. Alsosince the kids are older the Judge will figure its only a short time since you can remodify for two instead of three. Another idea would be to go for custody yourself and ask the Judge to let the kids decide for themselves and that way you can get rid of the support if it works,and since you say you have the kids more than 40% now so it might be worth while looking into. Good luck
2007-07-22 11:08:24 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
You may be able to get modification. But unless you keep the children a greater portion of the time or some expense in relation to them has changed, I don't think that you will be successful. The child support money is to support THEM not to help you out with your expenses or to cover your financial short fall.
Your ex's success doesn't entitle you to get your hands on more money. Just because they are getting an extension, car, boat, whatever... The kids still live the majority of the time with their mother, who will have the greatest financial responsibility to them.
I know a lot of people (me included) who would have LOVED $325 a week for my three.
2007-07-22 10:58:27 · answer #2 · answered by TelulahB 3 · 0⤊ 1⤋
If either party had a support modification in last year, there is nothing you can do.
You may not need an attorney. Go into your county child support office and explain it in person. It's a simple petition that may be available online for free depending on your county.
2007-07-22 10:57:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You can file for a modification due to a change in circumstances. Her being remarried and adding onto her house is not really any of your business, however. The fact your pay has decreased is the issue - so it is important to stick to the issue at hand.
2007-07-22 12:15:04 · answer #4 · answered by green_clovers66 3 · 0⤊ 0⤋
In Penna, where I live, you are allowed to file for a modification when there are extreme situations like yours. You might not need a lawyer. Contact your local Domestic relations office and ask what the procedure is, and tell them your situation
2007-07-22 10:53:43 · answer #5 · answered by Anonymous · 1⤊ 0⤋
call the child support office and ask for an administrative review. Your income has drastically been reduced so it is worth a shot.
2007-07-23 07:18:33 · answer #6 · answered by stacilynn26 3 · 0⤊ 0⤋
Go to the child support agency officer who is handling things for you - they have a form that you can fill out if there is a specific % difference in your salary.
2007-07-22 11:08:57 · answer #7 · answered by Mrs. Goddess 6 · 0⤊ 0⤋
go to the local child support office and file papers to petition to have it dropped. they will set a date and check out both parties income and go from there.
both parties are EQUALLY responsible for your childrens care. it is NOT supposed to be a punishment for the man. so yes you should be able to get it reduced! its only fair! after all if you made more they would increase it!!!
2007-07-22 11:00:12 · answer #8 · answered by princessfionafantasy 5 · 0⤊ 0⤋
Talk to a lawyer.Talk to D.S.S and the courts and also tell them YOU had to adjust and so will she.Then go to the news media if that doesnt do any good.Someone will get things rolling.Look for men's support groups for divorced dad's.
2007-07-22 10:53:13 · answer #9 · answered by Anonymous · 2⤊ 1⤋
What your wife and her new husband have planned has nothing to do with your responsibilities to your three children. They are your children and you should be supporting them. If this is really a hardship to you then you should petition the court but pointing the finger at your ex saying "but look at what they got" is childish and irrelevant to the situation.
2007-07-22 10:58:14 · answer #10 · answered by CindyLu 7 · 0⤊ 3⤋