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Modification of child support payments and visitation....??

Tacoma, WA |

My ex and daughter live in Michigan, and I live in Washington. We have joint legal custody. My ex does not have a job or any other sort of income, besides the support I pay to her each month. She lives with her mom and does not have a job or a car. She just got a divorce, with her husband whom she was with a little over a year. They got divorced because he was abusive (which my daughter knows and can explain)... I am wondering if this is a good basis to receive a lower payment of child support, because she is not supporting her financially, I am. Or if fighting for full custody and moving her to Washington would be an issue??
Any advice would be great, thank you.

Attorney Answers 2

  1. Your ex's marital status does not constitute a substantial change of circumstances which is necessary to modify the PP. Child support is based upon income. Her unemployment may warrant the imputation of income, but it is problematic at best and she will have 60 days to respond to your Petition since she lives out of state. You need to conduct a cost/benefit analysis to determine if your proposed action is worth the effort.

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

  2. I think the type of lawyer who you need to answer this question should be the lawyer in the State where the paperwork is already filed. If she is your ex, then my question would be: "where is the divorce decree located?" If in Michigan, then Michigan law would seem to apply to the issues of custody, relocation, child support modification, and the like.

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