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Advice From Anyone With Experience With Child Support Modifications

CrystalRE's picture

Submitted by CrystalRE on Thu, 07/25/2013 - 10:24am

I am married to a man that has 50/50 custody and visitation with his two daughters. When they were divorced they both had comparable jobs so neither paid child support. About two years ago BM remarried and quit her job to be a SAHM. She subsequently sued DH for child support since she was now unemployed and was awarded CS from DH for his two kids.

DH has worked the same job in mental health for 17 years. He was laid off a little over two months ago due to funding cuts and has been unable to find a job so far. He is getting unemployment benefits but with them taking CS out of it, it is a very meager income.

My question is...Does anyone have experience with child support modifications due to unemployment or reduced income? What advice can you give us about requesting a modification? Is it even worth the effort?, Etc. Thank you in advance!

Comments

QueenBeau's picture

Submitted by QueenBeau on Thu, 07/25/2013 - 10:30am

Request the modification ASAP because it will be backdated to the date it was requested in most states. If she decided to stay home and the kids weren't below 5 in our state they would have went off of her income potential to award child support if asked.

Get a lawyer, it's wort the cost,

TASHA1983's picture

Submitted by TASHA1983 on Thu, 07/25/2013 - 10:31am

In MA where dh and I are from, you can file for an Emergency order and be in court within a week or two and just show them the proof of your new income and they SHOULD lower the CS to reflect your husband's new earnings.