family law question concerning child support issues?
bonniedoster3 asked:
My husband and i have been together 5 years he has been paying child support to his ex wife fro nearly 10 years, back when the courts decided what he was to pay he had no expenses he lived with friends. Now he has a very low income job and we cannot afford to live and pay child support this high amount with a mortgage and three kids together, he has to go back to court on this should his payments go down, or do they even consider how much things have changed in 10 years?
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My husband and i have been together 5 years he has been paying child support to his ex wife fro nearly 10 years, back when the courts decided what he was to pay he had no expenses he lived with friends. Now he has a very low income job and we cannot afford to live and pay child support this high amount with a mortgage and three kids together, he has to go back to court on this should his payments go down, or do they even consider how much things have changed in 10 years?
December 29th, 2009 at 7:52 pm
Usually it’s a percentage of his income and personal issues are not relevant. For example: in New York it is17% of your income. He can attempt to share his problems with the judge but the judge doesn’t have to take it into consideration. However, it is unlikely he will be expected to pay more than the legal percentage. Carolyn D
December 30th, 2009 at 3:39 pm
If his income has gone down from when he was originally ordered to pay support,he can ask for an adjustment.
As far as the mortgage payment and the three kids he has since had,the courts don’t care. If he couldn’t afford to buy a house and have three more children without depriving his first child of support,then he shouldn’t have done it will be there opinion. Jan