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How do I fight child support modification (to lower payment due to unemployment) when I have full custody & support wife + 2 kid

Atlanta, GA |

The non-custodial parent now receives unemployment and I just got an order through the courts for the arrears amount to be paid by April 2010. Now that person went to child support services to get a modification due to unemployment. The person no longer carries health insurance for the child (which was also court ordered). How do I proceed so that I still get the arrears payments even if the overall child support order gets lowered? How do I get child support to see that I financially support a spouse plus our child & my child whom I have full custody of?

Attorney Answers 2

  1. Child support is based on income of both parents. However, the addition of your child may have an influence on the child support calculation. It is unlikely that the fact you are married will increase the non-custodial parent's obligations. Nevertheless, the judge may consider unusual circumstances to modify your income.

    Keep in mind, unemployment is likely to change the amount the noncustodial parent is obligated to pay. However, unemployment should not lower the arreas amount. However, the judge may give him more time to pay the arrears.

    You should consider hiring an attorney to represent you in the matter.

  2. An appeal to the court to reduce the support can be done if income has declined or there is an argument to make about extenuating circumstances that you feel the court did not take into consideration. These may include custody of another child or financial hardships; if you have another child to support, the law allows for asking to reduce child support. If you had become unemployed since the amount of his payments were calculated, the judge may say you can reduce support.

    Check with your own attorney to make sure your children's position is best represented.

    Note: This post is for education only and does not create an attorney client relationship between the questioner and the out-of-state attorney. This website is not a substitute for legal advise by an attorney in your state. Seek one to confirm or check the observations made by the out-of-state attorney. The law changes and is different from jurisdiction to jurisdiction.

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