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CHILD SUPPORT MODIFICATION
Anonymous9 views5 answers
I have filed a Sup Pet to Modify Child support as my income had dropped by half and remained that way for almost two years. We have had our mediation. I have not set a hearing date yet but now I have become unemployed and have been for several months. Is it better to set and have the hearing now while I'm unemployed or wait until I get another job? Thanks for the opinions and advice.
This is not an easy question to answer on a forum like this without knowing all the facts. Either way you go, you will need to do an updated financial affidavit. The court can impute you at minimum wage if you go forward now. If you need immediate relief and are concerned about being unable to pay, then you may want to proceed sooner than later.
You should go forward now. There's no telling when you'll get another job. Waiting is only going to force you to continue paying your old child support amount without any relief. The court will calculate your child support obligation based upon your present situation and, if that changes in the future, then the Mother can return to court to have it recalculated, if need be.
I agree with both Attorney Garcia and Attorney Henderson. You should most likely proceed as you will continue to become further and further in arrears. Good luck.
Sincerely,
B. Elaine Jones, Esq.
You need to see an attorney. The issue of modifying child support is fact-based and depending on those facts, you can end up with radically different answers.
