I got fired for my own stupid mistake. I went to the child support trial & explained how I'm out of work & have no money. The judge said she will mail her decision but in the meantime left the order as is!! 500 a month! She knows I'm not working, why would she do this? Do you think she will leave it at 500 a month for good?
The judge, rightfully so, views your unemployment as temporary. Child support is generally based on earning potential derived from your income history. A temporary gap in employment is typically insufficient grounds for modifying child support obligations. Also, it is your duty to care for your kids. The court assumes that if you were still married, you would find a way to take care of the family, why should that change when you are divorcing.
It is not possible to give you an intelligent answer without more details about what happened during trial. Please provide more details about your case.
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Please see my answer to your duplicate question.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Voters have held that you need government to tell you to support your kid by making a tax free payment to your former honey. Voters have enacted statutes that create hypothetical and mystical income numbers from your income history. This is largely because the Fed pays the states its Title IV-D matching funds so no support magistrate will ever stop your support order because the Fed pays for its enforcement. I cite to all of these reasons because I cannot believe you appeared in child support court without a lawyer! Don't you realize that for the few thousand dollars for competent representation you can save hundreds of thousands of dollars? It may even come to light that the other parent is a danger to the child and you should petition for custody and have the honey pay you.
However, it appears you bought into this ridiculous system and now have nothing to support yourself with. The state routinely violates federal child support guidelines because no one in Congress knew about the various procedural tricks that can be pulled on you to create your initial order of support. Every future order of support that modified that initial order only gets worse. Hiring a lawyer now may help, but it will not repair damage done at the start. This suggests your order will remain at $500 because you do not know the law. You harped on the fact that you lost work and losing work once there is a prior order of support does not mean the court will lower it. This also violates state law that requires reductions in orders when economic means dry up, but you don't even have a lawyer help you draft objections once that order does come in.
Therefore you are stuck until you start retaining counsel. Having a child in modern America requires you retain counsel. You need a doctor via Obamacare to treat your ills. You need a lawyer to represent you in the government's courts to treat your goings on in every day life.
Generally if one is fired due to misconduct one does not get a decrease of child support. Moreover, even if the Judge were to consider one under these circumstances, the movant would need to prove a diligent effort to find new work. Schedule a consult with a NYC Child Support lawyer for more info.
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Judges have broad discretion, to secure the interests of minors in child support matters. Given that discretion, a judge may continue the order of support, or may grant a temporary order reducing it and continuing your case to provide you with an opportunity to secure new employment. Nonetheless, to be clear, getting fired or quitting a job does not relieve a parent from the duty to support his or her child. For further information, contact an experienced family law attorney.
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