I was fired from my job in 2015 because I took a plea deal in a criminal case that required me to lose my license. The judge said I cannot get a modification because it was my fault I lost my job. I’ve been working full time jobs since then and was recently working for 6 months at a sales tied position. Last week I was let go with no fault of my own. Can I now request modification or will the judge use my original firing and still say it’s my fault??? I am receiving unemployment and the child support is being taken from unemployment and it’s not enough for me to survive
You should immediately file a child support modification petition. You should bring proof that you payed off and have been approved to recieve unemployment benefits. You should also bring proof that you are making a diligent effort to find gainful employment. If the magistrate denies your petition then consider filing objections so that family court judge reviews the matter.
The information contained in my response is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in my answer without seeking legal or other professional advice. The contents of my answer contain general information and may not reflect current legal developments or address your situation. I disclaim all liability for actions you take or fail to take based on any content on my answer. The answering of your question does not create an attorney-client relationship between you and me. Any information sent to me through this site is not secure and will not be treated as confidential.
Absolutely. File your petition to modify downward your order of support citing to your proofs that you were let go from your job.
Retain counsel. The bits and pieces you get here online are meant to be educational, not to be actual legal advice. No one here knows your particular facts and none of us have seen your order of support.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline