we go to court in aug,and he only been paying since nov.I'm in n.c what are the chances they will lower it and he is healthy and can work
My ex told child support that he lost his job and he needed to lower his c/s.?
if the courts already had the child support a set amount they will not lower it just because he lost a job for the time being, most likely the amount will stay the same untill he gets another job, but once he has pay stubs for that new job he can then go back in and show the judge his wage information and based on it the judge will decided whether to increase or decrease the amount.....
Reply:If he lost his job for reasons beyond his control, ex. layoff, out of buisness, sold out etc... Then they will definately lower his support based on his current income which may be his unemployment compensation. If he quit, then they wont lower it. Dont expect any increase in support. I have a novel idea for you. Why dont you try letting him have the kids for equal amount of time as you do. Then he will be supporting the children as much as you are. he will have to provide for them during their time with him as you do. Then there would be no need for money to exchange hands. The children will win big time having both parents raising them. Unless you are just about the money.
Reply:Same chances it they will increase it when he gets a higher paying job...thats the fair thing to do...
Reply:my girlfriend just got a divorce, and her husband had a great job at a state prison, he had to pay 1000 a month child support, he deliberately quit the job and took a lower paying job so he wouldn't have to pay high support and the courts did lower his child support and nothing was ever said or done.
Reply:I am not a legal counsel, but I do believe in most states the approach is almost the same.
Where I live, if the providing parent can not make child support payments, then another family members is ordered to do so. For instance, If I am ordered to provide child support and I prove that I can not, a temporary order is then issued by the courts for either my mother (my father is dead) or any of my brothers or sisters sends payment until I can take care this responsibility again.
Judges are interested in the well being of children. Lowering child support is not likely in the child (children) best interest. Get legal counsel is the best bet. It will reduce the anxiety.
Reply:very unlikely they will lower it because he is not working. They will most likely ask why he hasn't found another job. Child support very seldom ever gets lowered. I doubt this is an exception.
Reply:Guidelines for calculating child support include a self-support reserve that ensures that obligors have sufficient income to maintain a minimum standard of living based on the 2002 federal poverty level for one person ($738.00 net per month). For obligors with an adjusted gross income of less than $800, the Guidelines require, absent a deviation, the establishment of a minimum support order ($50). For obligors with adjusted gross incomes above $800, the Schedule of Basic Support Obligations incorporates a further adjustment to maintain the self-support reserve for the obligor. He still has to pay something, but they may lower the amount.
My ex did the same thing. He said he lost his job, when really he got fired because he failed his drug test. Then he got a cash under the table job, and called child support and said my daughter was living with my parents in order to get them to investigate, which he thought would mean he didn't have to pay for a while until the investigation was over. Turns out, now he's just behind like $5,000, and they're about to take his license.
Try to look at it this way though. The less he pays, the less dependent you are on him.
Reply:Well, they can reconsider under certain circumstances. I got twisted badly on this. My ex wife started making more money after our divorce. Then she went to the court to prove that because combined we were making more money the kids deserved more and MY payments went up when MY income stayed the same. (sigh) It is an imperfect system.
yucca
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