QUESTION
Is there a chance that a lower paying position and filed a modification to lower child support could be denied again?
Asked on Sep 22nd, 2012 on Child Custody - Louisiana
More details to this question:
My ex-husband works full time as a police officer and makes $98,000 a year. He joined the National Guard after our divorce and will be going away to train for a year and will be making $33,000 during this training. He will keep his job as a police officer during his service with the military but will not be getting his police officer salary. He filed a motion to temporarily reduce his child support during his last training and the judge denied it. He has since filed a modification to lower his child support. I'm also worried because I don't know how he's going to make his payments and I can't afford all of the bills since he voluntarily chose to take a lower paying position. I work full time and my salary is $46,000, which covers rent and day care. I'm also upset that I'm left to parent by myself and now he wants to take more money away that is needed. We go before the same judge that denied his motion.
7 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The judge will probably give the same answer as before. The amount can come directly from his paycheck.
Answered on Sep 26th, 2012 at 5:08 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Unless your ex can show something different from his first motion, he should be denied again.
Answered on Sep 26th, 2012 at 5:08 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Do a form 14.
Answered on Sep 26th, 2012 at 5:07 PM
Suzanne H. Lombardi
Without more details it is difficult to tell how a judge will rule. However, if the judge denied him once there is a good possibility that he might be denied again depending on what the facts are. An attorney could go to court with you to help fight any modification of child support.
Answered on Sep 26th, 2012 at 5:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't possible to predict what the judge might do, but there is obviously "a chance" that he will grant a properly supported request for modification.
Answered on Sep 26th, 2012 at 5:07 PM
1 Award
If he is voluntarily underemployed, he is not entitled to a decrease in child support.
Answered on Sep 26th, 2012 at 5:04 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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In order to modify downward, there has to have been a permanent change which is not voluntary. Those are not the facts here. The chances are strong that the judge will again deny a modification.
Answered on Sep 26th, 2012 at 5:04 PM