Jobs loss - need decrease in support payments


#1

My husband of 1 year has been laid off since September 2009 and has been collecting unemployment benefits since then at 1/2 of his previous income. He has continued to make his monthly child support payments for 1 child and college tution payments for the other, but is no longer able to make the payments of the extra activity fees such as swim team and text books. He can and will continue to make the monthly child support payments and tution payments, but wants a reduction in everythingthing else. She has sent a letter via her lawyer with the intention of taking him to court for these monies if he does not pay. Can he file a suit against her on his own without a lawer to get his payments reduced? Does or will the courts expect him to use his 401K for these auxillary payments? Can the courts consider my income and assests as part of his and go after them or even use them to calculate a higher child support payment?

Thanks!


#2

He can file a motion to modify support on his own. He will not be expected to deplete his savings in this instance. Your income and assets cannot be considered.