Lowering child support amount


#1

support can be modified for a variety of reasons. If has deliberately reduced his income then this will not look very good for him. Hoepfully you have something in writing, signed and notarized about your agreement to lower child support and that he would repay you?


#2

Also find out if he was fired or laid off. This will make a difference b/c 1. being fired can effect the solitity of his case for reducing support (IE if he hit the boss and got fired, it would be a willful act and seen as a willful reduction in income) 2. A company cannot fire you for filing a workman’s comp claim. (I bring this us b/c he was let go before he returned to work) 3. laid off… this again goes to the workman’s comp file… were others laid off?, did he have senority? I would find out for sure. If he quit, he really would have a hard time proving he didn’t vountarily reduce his income. Also, get infor on the job he turned down… it could show thaat he does have the oppritunity to make more money than he chooses to.


#3

The court can impute income to him at the level he previously earned if the court believes he was voluntarily unemployed or underemployed. That will be determined on a case by case basis.

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

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
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.


#4

He was under workers comp and he had just gotten the okay from the Doctor to go back to work. He contacted the office and the next day he got a letter saying that we was layed off or fired not sure (and I understand it makes a difference).

Does the fact that he turned down a well paying job a point against him?

Does the fact that he had never taking the child 1 weekend/month like the agreement said counts?

Concerning the money he owes me, he is a man of his words, that I can trust. So would the court make him pay what he owes, and make him respect the agreement before even considering reducing the child support?

Would the court consider his “potential” income as he has been cleared for work by his doctor (meaning he can go back to work)as his income to calculate the child support amount?

I was told that child support amount can only be increased, not reduced…is it true?


#5

I can’t answer most of your questions but I can answer the last one. Yes,the amount of child support paid by one can be reduced if:
-income changes
-custody changes
-child ages out (graduates from h.s. turns 18)
-insurance costs
-day care/child care costs

There is an amount established at the state level for care of the child that is based on income. Basically parents share that cost at different %'s depending on custody level and income.


#6

The fact that he turned down a well paying job may hurt him, but it depends on what the job was and why he turned it down. If he was not physically able to do it then the court will not count that against him.

If your child support is already calculated on Schedule A, the guidelines do not provide for a modification if he does not see the child at all.

If you had a previous court order for child support then that agreement can be enforced retroactively. If there was no agreement you can get child support based on what the guideline amount would have been during that time (as long as the payments were owed after October 2006).

If he is looking for work the court will probably not impute income now, if he goes a long time without work, the will probably impute some income to him.

Child support can be increased or decreased based on the circumstances.

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

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
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.


#7

My ex husband has been injured at work. Hed had workers comp coming in until he was declare able to go back to work, where he was fired/layed off before he can actually go back to work…When he had his accident at work, I told him I would financially help him (I have full custody of the children and he pays child support)by lowering the child support by 35% and once he get back to work, he would start paying the full amount again and reimburse what he would owe me.
Now with him not working full time, he wants to go back to court to lower the child support. He just refused a WELL paying job, he owns a company that does not bring a whole lot of money yet but he works and make payments for it. I do believe that he does not make as much as he did before his accident but he has tha capability to have a job that would bring as much.
Can he really go back to court and have the child support lowered?
I am always trying to help him out and now I think that I have been too nice and it is going to get me.