Can he lower child support?
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| Mon, 03-21-2005 - 12:53pm |
My ex husband called to tell me he has moved out of state. He has given me his cell phone number but I don’t have an address. He is up to date on child support payments so far. I have provided Child Support Services with the appropriate documents and fees. This information included my ex husband’s social security number, license plate number etc. My ex has not provided me with proof of health insurance or life insurance with our daughter as the beneficiary. This is in violation of the divorce settlement. He quit his job in here and claims he is working in his new state but had to take a pay cut so he says he has hired a lawyer to request to lower the child support payments. Can I fight this? I mean, he voluntarily quit his job for a lesser paying one.

Every state has different laws, but I don't think any of them allow a paying parent to voluntarily take a reduction in pay. Not if he had a better paying job and quit. It's not like the bank will take a lower payment on his car or he doesn't have to pay his credit cards just because he took a lower paying job, right? This is a legal financial obligation like any other, and it can be very hard to get it reduced for the reason he is seeking. He may think he "had" to take a paycut, but the court is not likely to view the paycut as necessary if he quit.
Even if he got fired or laid off, he would have to go into court and prove that he had done everything to find a job at the same pay (copies of resume's, applications, rejection letters, etc.), that there are no available jobs in his field (or the pay rate overall has declined), that the job he took was the best paying one out there, etc., and even then he could be denied a reduction in child support. I have heard of someone getting a temporary reduction if they are involuntarily out of work, but not a permenant one (unless maybe they had become disabled or something like that).
In fact, since he's moved out of state, if he has less parenting time that could cause his cs obligation to increase.
If he is in violation and you don't have any way to get healthcare for your child, you need to go into court (or call your attorney) and find out what the process is for a contempt charge.
Edited 3/21/2005 2:04 pm ET ET by firstamendment
Unless he has a really, really, really good excuse for his actions.... he's screwed.
Karen ~ wildlucky4me ~
Technically, he's not supposed to be able to quit a high paying job for a lower one to get out of c/s, but it can be done. That is exactly what my Ex did, and the judge allowed it. He took a pay cut of more than $1000 a month to get out of paying $451 a month. Now he only has to pay $282 a month. In my case though, it doesn't seem to matter since he hasn't paid a dime in over 5 months.
Best of luck to you.....
Get a GREAT lawyer!
Kait