I am sorry you find yourself in this situation. In my opinion, I would hold off initiating Court proceedings in hopes that he gets anther job. There are so many "what ifs" in this situation that I think the results could be different then you imagine. There are a lot of family law attorneys who do free consults, including my firm, I would consult with someone and provide more detail to assist in deciding. One issue that pops into my head, if he was fired because of downsizing for example and you file the Motion and are unsuccessful, you could be ordered to pay to pay him child support. Moreover, if you lose, you could be ordered to pay him attorney fees. Talk to a qualified attorney and then decide.