How easy/hard is it to have child support reduced?
My ex wife is a deadbeat mom and is taking me back to court to have child support reduced. She hasnt paid in nearly a year and is saying that since she lost her job last year and hasnt been able to find employment, that her income has been cut pretty much in half. She is asking for the child support payments to be cut in half. I know for a fact that there is no way she could support her lifestyle on the amount she says she is earning. I wouldn't put it past her to try to get the amount lowered, and then find a good paying job afterwards. Problem is, I can't afford to be going back to court and paying lawyers. Someone please tell me it is not that easy for people to have child support lowered. I have gone online and seen a ton of job postings for jobs in which she is more than qualified and they all pay quite well. I already have a lawyer but I'm worried that she will get over and beat the system. Anyone in a similar situation tell me how it worked out for you?
Anonymous2009-03-13T20:34:15Z
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♥♥♥♥♥♥♥♥♥♥ I'm sorry to say that yes, you could be hit with court costs, and even be ordered to pay her child support, which happens in about 10% of the cases.
Do you have any evidence that she is hiding assets? Or, is she living off a boyfriend?
You need to learn to do three things.
Child support enforcement should provide you with legal counsel to fight a decrease. They do this for women. Have a female friend go in and ask first about it, before you ask, just in case;
If that doesn't work, you need to learn how to hire an attorney without draining your wallet; and
How to put together a team of Court Watchers to monitor and report on the Judge's actions to prove any bias on his part.
As for her not working, she should be on unemployment. If she's been denied it, that can be grounds for denying a modification in child support, because she got fired or quit. If she's on unemployment, it can be attached for up to 55% to cover the payment plus an additional 50% to go toward the arrears.uction. But, if she was laid off,
If you can prove or the Judge senses that somethings wrong with her reasoning for lowering support, he/she has the option of temporary suspending the child support and putting the amount into arrearages to be paid later, which this is what usually happens when someone loses their job and cannot make payments, when they notify the collection agency so it prevents a bench warrant for their arrest for non payment. I suspect that this would happen here so she wont get what she wants and will have to get a job. The Judge can also impose a time limit for her to be employed again or else reappear in the court again to explain why not. Its usually not easy to get support payments lowered or terminated and the courts do have many options in dealing with this. Good luck
She can't do this outside of the court system without your permission. The judge will look at everything and its not easy to get it lowered whether you are male or female. If it goes to court make sure that you tell the judge everything that you suspect she is going to do and that there are tons of jobs out there. It's all about the kids and not her and the sooner she realizes this the better. Hang in there but I think it will go in your favor because I just went through the same thing 18 months ago.
Sorry to tell you this, she more then likely will beat the system. I live in Oregon and a child support case is only allowed to be modified every two years unless there is a "change in circumstances." Being that the economy is crap, she just might be able to get away with using her unemployment status as just that.
Read up on the statues in your state and see of there is something similar in your state.
I am not understanding why you need a lawyer to face a child support modification hearing. Its ridiculous. You go to court and fill out paperwork and hear the judge and voice your opinions...there is NO need for a lawyer to do that....