Can Ex Receive Modification for Quitting Job and Starting Own Business?

I had my ex husband's wages garnished for payment of child support/maintenance starting in February of 2013. Ex was fired at the end of October 2013 and started a new job 4 days later. He stopped paying me CS/Maintenance as of the end of October when he was fired. He then quit the new job a month later, right after I filed for Contempt of Court for non payment of CS/Maintenance, to start his own business. He wanted me to agree to a "deal" and I won't. We go to court next week and he is going to ask for a modification. What are the odds he will get one? Also, when he was fired from his job, my children lost their health insurance. According to the separation agreement, he was ordered to supply health insurance and pay for it. I put the kids under my health insurance.

Buffalo, NY -

Attorney Answers (3)

Gary Burton Port

Gary Burton Port

Divorce / Separation Lawyer - Garden City, NY
Answered

He cannot voluntarily reduce his income and then seek to reduce child support. If he gets fired due to his own misconduct, he cannot seek to reduce his child support. He should be held to salary he was making before he was fired. Make sure the court knows he got fired and that the child lost health insurance.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Child Support Lawyer - Brooklyn, NY
Answered

Likely not. We do not know the burden of proof because you did not tell us the details of the current order of support. Nevertheless, the mere act of being fired is not enough to change the order. I do hope you are not representing yourself. He may be commencing a pattern of litigation coupled with his employment change. Kids are the new oil.

Good luck.

Morghan L Richardson

Morghan L Richardson

Family Law Attorney - Astoria, NY
Answered

If he voluntarily decreased his income, he can be held to the same income he was making before he was fired. Consider going to a lawyer to get a more in-depth perspective on your case. Good luck!

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