QUESTION
Can a non-custodial parent file for a reduction in child support if his income is lower than the original judgent?
Asked on Sep 19th, 2012 on Divorce - Florida
More details to this question:
My Fiancee transferred to a new state(CO) and his ex-wife is in FL (with their child). They just modified their child support order based on his new projected income in CO. However, it is looking like his income will be $10-$15K less than what was anticipated, at least for one year. This is because he is in outside sales, and his commissions vary by month. (his base income is $43K, with commissions it is projected he make $80K, but will likely only be making $65-70K for one year +). Can he apply for a reduction in support if his income is reduced by his lack of commissions, when would be the best time to do this, and in what court (CO or FL) would he want to do this?
3 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Subject to specific requirements of state law, a parent can always seek a modification of child support based upon a substantial and continuing change of circumstances. Since the current support order is issued by a FL court and mother and child are apparently still in FL, the request to modify needs to be made in the FL court and your fiance needs to consult a FL attorney about the chances for success.
Answered on Sep 24th, 2012 at 2:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You must file for a modification in the state where the original order was. Hire an attorney to explain it all to you.
Answered on Sep 21st, 2012 at 5:29 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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He can do it and it would be done in Florida. The problem is that the process takes so long that his income could increase by the time the case is heard. He should try to discuss it with his ex-wife to try to resolve. If it is a Child Support Enforcement case, he should call them to try to resolve it. He can enter into an agreement with his ex to recalculate annually, which would be a benefit to both of them.
Answered on Sep 19th, 2012 at 12:46 PM