Child support modification request based on upcoming surgery


#1

Can you please tell me if the father can actually get child support requirements temporarily stopped because he has upcoming surgery? He has requested payments be suspended during his 14 week recovery process, too.

He has known about the upcoming surgery for a year. He made reference to it when he last approached the courts for reduction in child support (and succeeded).

The man has a master’s degree, but works in a job that requires no degree. So instead of earning 6 figures, he earns less than 30k.

I don’t want to come off sounding like I am cold-hearted. This has been a long, bitter battle concerning child support. I am actually saddened by all this.

Thank you for your help and your time.


#2

Child support is not modifiable unless there is a substantial change in circumstances. Normally a short term disability will not constitute a substantial change warranting a modification. If you believe he is depressing his income in bad faith you should bring that to the courts attention and seek that income be imputed to your ex for purposes of child support calculation.


#3

Thanks for your quick response.

I have expressed my suspicions to domestic relations, but was told that if I did not have proof, there was nothing they could do. I did manage to find a retirement income that he was receiving but had not reported.

My hearing is next week. I will let you know what the outcome is.

Again, thank you very much.