Divorce isnt near final, might be six more months. Meanwhile I lost my income. Should I ask my attorney to modify the temporary orders ? and/or does this change the child support worksheet or will they merely use imputed income?
If you have an attorney, you should be asking this and all question of your attorney. If your income has changed, then a modification of your child support obligation should be considered. Speak to your lawyer.
tuart Allan ReidDivorce / Separation LawyerDeerfield, IL ·
You would certainly be entitled to raise this issue with the court if your temporary obligation was based upon your then-current income. Talk to your lawyer. Generally speaking, you want to get something on file sooner rather than later in order that the court might be able to modify the obligation retroactively.
If you divorce is not yet final, and you have been laid off, the court will look at your financial circumstances at the time of the final trial. If the judge believes that you were laid off for non-performance reasons, and this has nothing to do with the divorce, then your support / alimony exposure will certainly be less. The judge can impute income based on your historic income if he or she believes you can obtain a similar comparative job soon. Imputed income all turns on the specific facts of your case.
