My husband's divorce decree states he gets every other weekend and pays 450 a month. His check at bring home pay is only 738-783 every two weeks depending on IF he gets over time rent is 600 then electric and water bills and we have a child together she wants him to take the two boys every other week maybe more but doesn't want to lower child support payment to her. So we can feed the boys while they will be with us longer what are our legal options we love them and want them but also need to be able to feed them
Your husband should really hire an experienced attorney to assist. Just because she isn't agreeable to lowering (or doing away with) child support, doesn't mean that a. you can't ask the court to do so or b. that you aren't entitled to that kind of relief. An attorney can get all the information, as well as financial information and check the numbers and assist with everything moving forward.
Responses are general in nature and do not create an attorney-client relationship. For specific advice it is advisable you retain legal counsel of your choosing.
I agree with Attorney Prebeck. The matters of child support and visitation can only be effectively changed by the court. The parties can agree to a change of visitation or a change in the amount of gthe child support but it is not binding. The amount of child support is set by the court following certain statutory guidelines and is for the benefit of the children. Courts have held that the parents lack the authority to reduce the money to which the child is entitled.
You need to consult with local counsel and discuss the possibility of a child support reduction coupled woitgh an increase in child support.
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