Garnishment


#1

I recently went through a court case where the judge re-set child support and suspended spousal support do to a significant decrease in income. However the judge did allow for max withholdings by Law for past spousal support. My Question if they do this I will be left with only $800 a month to live on before any expenses like rent, car, food and care of the children when they are with me are paid for. This is out of a $45,000 a year salary. Can the courts legaly do this? Note: it was based on my net income not net minus resonable living expenses.


#2

Yes, courts can modify their previous orders based on a substantial change in circumstances. The court will go through the same analysis as in the beginning, which is looking at income and expenses of both parties with the realization that neither party will be able to fully maintain their previous standard of living.

However, if your spouse gets back to their normal income, you can also file a Motion to Modify and reinstate spousal support based on a substantial change in circumstances.