Can my child support obligation be retroactive to when I lost my job?

Question

I worked for my Ex-Wife's father for 9 years. When my ex-divorced me for another man, I was ordered to pay child support to my ex-wife based on what I was making working for my Ex-father in law. Two weeks after the divorce was final, he fired me. Now, the best job I've been able to find is paying me exactly half of what I was making, but I'm still having to pay the original child support amount. I'm trying to get a modification, but I'm Three months behind right now. I'm out of things to sell, I can't work any more jobs, I don't know what else to do? What are my options? I live in Georgia.

Answer 1

My brother in law had to pay child support but after he lost his job he took his ex back to court and it ended up reversed. His ex had to pay him. The judge told him the child has to maintain the same level of living at both parents houses. So that means whoever makes more money has to pay the other parent child support no matter which one that is. I know that it does require a court hearing every time though.

Answer 2

If you filed a motion to modify your support, and you prevail on the motion, your child support will be adjusted as of the date the judge enters the order. Unfortunately, you cannot get a retroactive adjustment dated back to when you were fired.

Your question illustrates why it is important to make your requests to the court when such an event takes place. And don't rely on the friend of the court office to make the request on your behalf. You needed to file a motion to modify the support, based on a change in circumstance the day after you were fired. It sounds like that didn't happen, so now you need to follow up on the back support.

My suggestion would be if you haven't filed a motion to reduce your support obligation, do so immediately. The flexibility of the judge-he may be able to reduce as of the date you filed, but that varies by State. Second, in your motion to modify, request that the court allow your arrearages to be added into a new payment plan. For example, lets say you were obligated to pay $800.00 per month, but your new support order will be at $400.00 per month. You can petition the judge to allow the $2400.00 back support to be paid in installments, making your new support to be at $450.00- $400.000 for the current support, and $50.00 toward your arrearages. Make sure that you have all the proof that you have sold everything you can to make your support payments. Judges don't like deadbeats-moms or dads, but if you can show/prove that you have made a good faith effort to pay, that will help your case.

Also, if you have not met with the friend of the court office, I suggest you do that as well. I know its hard if you can't afford an attorney, but handwrite the motion if you have to, to get in front of the judge. If you self-represent, more than likely your ex wife will try to keep the support where it is, and ask for imputed income-especially if you have a college education. Make sure you have a list of all employers you have attempted to gain new employment with, and any offer letters or position postings to prove that the positions available do not pay what you were earning previously.

Good luck!~

Answer 3

You really need to talk to the people at the child support bureau or get the services of a family law paralegal or attorney to help.

If your income has been drastically reduced because of having to take a lesser paying job, then you deserve to have your child support modified. And courts will normally work with you to catch up on arrearages... by having you pay a little extra a month.

I'm sorry you are in this position. I know it's rough.

Answer 4

Speek to the probation office that handles child support. You should go to the courthouse and speek to them. Explain your situation and show them you modification court date. Let them give you a solution. Just make sure there is no warrant for your arrest if you have come short of the parments.

Answer 5

We live in SC, so I am not sure of the laws in Ga, but get a lawyer and never walk into the court room alone. They will put you in jail unless you have the finances to pay it all. While you are in jail your support will continue to accrue. My husband has a ex who has now lost her children to us, but he is still 30000.00 behind and she is not paying anything. and we have had the children since June and not one penny from her she has been in and out of jail and never was capable of raising children, but she is a paralegal. My advice to you is try to get it reduced, if not leave the state.

Answer 6

You might be able to sue her father for firing you. Why is it taking so long to get your support modified? You file a paper with the court and get a hearing date.

Consult your local legal aid society for free advice.

Answer 7

go to the court and ask for a court hearing to modify the support order...

Answer 8

Go to court and have the support reduced. You need to have lots of paperwork to prove that your income is reduced.
Why aren't you fighting for custody of your kids? If she cheated on you, you have more of a claim to them.

Answer 9

******' change your name and fly to another country,
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hmm.. try work out a price that doesn't drive you into the ground, or screw your kids over.

If that fails, try attain legal custody of your kids.

If that fails, you should be able to lower the ammount of child support you have to pay, having the remainder of what you owe contributed to by tax payer dollars.


I dunno, but good luck.

Answer 10

Yes, but get a lawyer to help you.