When I divorced my ex-wife (with the intentions of being fair, just and helpful) we agreed to deviate from the CS guidelines, to help her stay in the house and daycare which was 10k at the time. Since then my daughter is in public school and child care has decreased substantially. I filed for mod. of CS and she filed for a motion to dismiss the mod. for CS. Judge granted her motion to dismiss w/o prejudice and gave 10 days to file an amended motion showing substantial, material and unanticipated change. I lost my job last year and was out of work for 4 months. 2015 salary for me was 82k and my ex wife's was 84k. My lawyer is falling short of effective. Is there any precedence I can use? Since the deviation doc. didn't stipulate a future modification, my attempt to lower my 1600 child support was denied. Deviation says that we will deviate CS for pmt of 1600 per month to cover her credit debt that was jointly incurred and the children s expenses. The deviation doc. doesn't have a termination date. It does not specify anything about a "temporary deviation". There is just a document without dates and without time line.
If you have counsel and you are not satisfied with his or her representation, retain new counsel. No one on the internet can give you specific advice as to your situation that you could rely on.
I agree with Mr. Hoffman, you need to either discuss the matter with your attorney, who if you are not satisfied with his services, hire a new one and take all of the documents to your new attorney for a through review.
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