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i was awarded sole custody of my son when he was 13 months old, my sons father did not want to be a part of his life and only wanted to pay child support. I was awarded 167 every two weeks. I am a full time student and work a full time job. My sons daycare is 300 dollars every two weeks. I asked for a modification of child support and he has retained a lawyer. He is stating that I took a lower paying job in order to recieven more on child support and he also states that Jaden is being watched by a family member, Jaden is enrolled in school (daycare) from 8am to 3pm. In the evening my mother watches him for no charge plus we (Jaden and I live with my parents) when he is sick my mother will watch him while i am in school. Do I need to retain a lawyer? I really can not afford one
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If your child is 13 months old, and you in good faith are working full time and going to school full time to better your future income prospects for the benefit of you and your child, it is unlikely that a judge is going to hold it against you that you could be making more. It is also unlikely that the father will get anywhere with the argument that the child is being watched by a family member, when the family member is your mother with whom you live and she watches the child at night when you go to school. That being said, the father has a lawyer and you are at a severe disadvantage without a lawyer. The lawyer can potentially raise issues of fact or law that you didn't know or even think about, frustrating your ability to obtain, protect, and enforce an award of an appropriate level of child support under the facts and law of your case. You should at least consult with a lawyer. Many times the lawyer can request that the court grant you an award of attorney's fees from the father, so you can litigate these issues on a level playing field with the father. Such awards are primarily based on your need for fees, and his ability to pay or contribute to your fees.
Answered on Sep 10th, 2015 at 12:28 PM