Child Support / Selling Marital Residence / Advice Needed

  • Divorced in 2009 with Separation agreement in play, saying “Husband shall take all financial obligations thereon existing with the FMR until such time as the FMR sells. Husband hereby releases Wife from all further financial obligation respecting the FMR.”

  • Ex-Wife sought child support, joint custody (she having 4 days each week) and $1,200/month awarded to her. She was severely underemployed. We lived in the same city.

  • Ex-Wife moved to another NC county and got a much higher paying job. I stayed at FMR.

  • I requested child support modification and was denied due to the changing of a job not being grounds for modification.

  • I have moved to another, different, county to be closer to my son as of early 2010 and now maintain both the FMR bills and mortgage and my new residence.

  • House has not sold.

What options do I have to request child support be modified or dropped? I have heard of a term called “ability to pay” and I don’t know if that applies. I wouldn’t want to fire-sale the house, but it could be the only recourse. Thanks!

Ability to pay does not apply to child support, only alimony. The expenses of the parents are not considered in a child support determination either, unfortunately based on these facts you do not have grounds for modification.