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Child Support payment question
To those who might know:
If a divorced parent is fired from employment and receiving child support from their ex (calculated from their income difference), is there an avenue for the newly unemployed parent to now collect more child support based on the same calculator? Also, what is the obligation of the newly unemployed parent in seeking new work? |
I think it's different state by state but a friend just went through this with his ex. She (or the person who got fired) will have to go back to court to seek adjustments and the judge looked at why she wasn't employed (was she fired or did she quit or was she laid off -as in collecting unemployment) and if she was able to find work again, (had to prove she has been on interviews, etc) and then it took @ 3 months for it to get on the court calendar so the lawyers tried to work it out ahead of time which could mean mediation, etc. and he denied that and just waited it out. He won, but it still cost him a few $$$ in court/lawyer costs. The judge saw right through her and figured she was trying to do this just to get more money as she able to work and was still making car payments etc.. live in boyfriend - no financial hardship, etc.). and most states have a clause that states you can only go back to court over an issue once every two years. This happened at 2 years and 1 month. How convenient?
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rattlsnak pretty much covered it.
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So most of the states go by income review every 2 years?
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Quote:
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The degree of judicial involvement varies from state-to-state, judge-to-judge and parent-to-parent. I was at war for 10 years (about parenting time not about child support) but my friend Joe (rest in peace) never exchanged even one cross word with his ex.
Were I to guess, Chris' post is closer to the norm. |
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