Can I revisit my CS agreement>


#1

The circumstances you describe are one in which a modification of child support may be warranted. You can pursue this without an attorney.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

In September of 2005, I went on short term disability and the time I earned $68K/yr at a job of 8 years as a full time employee. I was suffering from mental health issues and my doctor made the decision with me that I should not return to work at that time. So, as per the family medical leave act, my employer let me go once my sort term dis. ended and long term dis. would begin. My employment ended in Feb of 2006. My LTD benefit was no longer approved later that year and my last benefit check was in November of 2006. Since then I have been actively pursuing employment with the intent of returning to my prior career path. In July 07, I picked up some contract work for a position that was different (lower) but in the same field, and this contract ended in Nov.07 but in general I am getting nowhere with my job search. An average of one or two recruiters contact each week promising something and then responding back to me by either (1) telling me I am not qualified, (2) telling me I’m over-qualified, (3) tell me the truth, which is I have a gap in my employment from health issues, or most commonly (4) I simply don’t ever hear back from them again. I am now convinced that my search could take years and will most likely involve me setting my sights a little lower in both position and pay (but still, somehow not be termed “over-qualified”).

Financially, I’m in the most serious danger of losing it all that I have ever faced - a situation that only the truly wealthy could manage. My savings were long gone from the medical bills and my ex-wife filing for full custody two weeks after she learned I was out on short term dis. Both events drained me by $28,000.00. I am now living on my current wife’s income and my retirement, which is also dwindling to nothing real fast. I am now looking for an “any old job” like painting, waiting tables…and plan to spend some time volunteering.

With all that stated, I am soooo broke that I am considering having my CS lowered. We changed the amount one time in the past when the kids were both out of day care and into elementary school…that was not fun. My ex-wife came out swinging again. The amount was lowered appropriately by 30% because no day care means much lower kid-expenses.

I reeeeeeally don’t want this fight again but must do something to stop the financial bleeding. Does the law permit CS be revisited and possibly adjusted given my situation?..knowing two things (1) that I have not willingly chosen to leave my job (“health happens”), and (2) knowing that despite all due diligence on my part to return to my former earning level, my earnest efforts have have been for naught.
If I got a job at StarBucks would my income be imputed to it’s former level and my CS kept at it’s current amount? What proof do I need to show in order to argue this change?

Sorry for the length of my posting, but I needed to make sure the answer I get back is based on the entire situation.

THANKS YOU VERY VERY MUCH in advance!!!