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What are the chances my ex will get his support lowered after a recent support modification?

Gaylord, MI |

I recently received a support modification where my ex's payments went from approx $150 to $280 (when support was initially filed, my income was much more than his). He was given 21 days to object to the support recommendation made by friend of the court before it was signed, but did not. It was signed 2 days ago, and today, upon finding out that he has yet another show cause for unpaid support (3rd one in 3 months, and the last one resulted in a bench warrant for not showing up), he is getting a lawyer to try to get support modified again - lowered.

Nothing in our employment status and our hours haven't changed (although I may start a job next week), and nothing has changed in the child's life.

Attorney Answers 3

Posted

If there hasn't been a change in circumstances to justify it, I'm not sure on what basis it would be lowered. Ultimately, you should get an attorney to look closely over the facts of your case to be sure.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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Posted

If there is no change of circumstance in either incomes or parenting time, he is unlikely to prevail. An attorney representing you might also successfully argue that you should be awarded attorney fees due to his transparent attempt to revive an objection he failed to file in a timely manner by the filing of a new and frivolous request to reduce support.

This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Posted

The other answers submitted to your question are correct; there needs to be a change of circumstances to modify child support. However, obtaining a new job justifies a change in circumstances sufficient to modify support in many cases. The issue in your case is going to be: How big is the disparity between what you currently make and what you will make once you start your new job?

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