Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

My ex has requested a reduction in child support; what are my rights? What can I do?

Child Support 2 views 1 answers
My ex-husband had been terminated from his job back in Nov. '08. He contacted me back then, and asked if I would consider lowering my monthly payments $300 less than what I get/month. Mind you, he commented, "I saw it coming (the termination)." To top it off, him and his (now wife) had gone out and got newer vehicles (a 2007 Dodge Calibur, and a 2005 or newer GMC Yukon XL because "we needed a bigger vehicle (than the 2005 Dodge Ram quad cab) so the kids didn't fight anymore." (She has two boys-3 &6, and him and I have a son-3, and a daughter-11 together) Of course you have the fact that they just got married Jan. 17th, and spent who knows how much on that. Now I just found out that they just got Blackberry Pearl phones, since he has been unemployed, with the price of those being anywhere from $200-500 (and of course depending on your store you might get a discount); then you add up the monthly charge they make you pay for the internet, easyedge, etc....$40-60/month alone not counting the regular fee. He asked me again to lower my support Jan. 30th. I asked him why they went out and got those vehicles when he "saw it (the termination) coming?" His lame response? "I saw it coming, I just didn't think it was going to happen!" WHAT?! I suggested that they get a different vehicle so they have a lesser payment. He didn't like that. And now I get a letter from the court, in his wife's handwriting, stating he needs the child support reduced due to only working his part-time post office job and collecting unemployment. To top it off, they also included the agreement we had regarding 50/50 placement in the summer months. Now, I can see reducing support some. But $300/month?! But why should I have to at all when he is out spending money like that? Why should my children get penalized for his stupid decisions? Why should HER children get MY support? I DID not force him to buy those vehicles when they had decent running ones, or when they could've gotten ones that were cheaper. I also DID not tell them to go out and get top of the line phones now that I am unemployed. I also heard he is working TWO part time post office routes. What can I do?! How can I fight this? How can I find out evidence?

Attorney Answer

1
Jean Kies ·
In Wisconsin, child support is typically determined based upon a person's income. Because your ex has had a "substantial change in circumstance," the loss of his job, the court might be willing to modify his support obligation. However, sometimes when a temporary employment gap occurs, the court merely imputes the old income amount upon the person who loss their job for purposes of calculating support. The fact that your husband is remarried is irrelevant. His new wife's income and ability to pay for the expenses (i.e., new car payments) is not relevant either. While it is a bitter pill to swallow that he lost his job, be prepared for a temporary decrease in child support. To protect yourself, though, ask the court to place your ex on a "work search" that documents his efforts to obtain new full-time employment. Then ask for a review date so that the court can keep the matter before it. In the event that he does get a new job, then the court can set an appropriate amount of child support based upon his new income level. Good luck in your efforts.
0 upvotes

People Also Asked

If i sign a birth certificate for a child and mother admits the child is not mine 2 yrs la… 0 answers My husband paid child support directly to his ex-wife, she then turned it over to Family S… 0 answers If I marry a non-custodial parent will I be responsible for his child support.… 0 answers Do I have to pay additional child support for my pregnant teenage daughter?… 0 answers Do I have to go to court to file a motion to stop support if the child is18 and about t… 0 answers Can a spouse get paid as primary caregiver for her disabled spouse Va?… 0 answers

Browse by Practice Area

Litigation 203,509 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii