Military retired, Disability, and lost of job

Im retired military, Im disabled with PTSD,among other issues. Im taking meds for the issues, and pain also seeing Dr… I recently lost my job (laid off). I have my child support, well half taking out of my retirement and pay the difference on my own. With my work, I am having a issues doing what I am qualified for due to the pain and disability. With my age now and my conditions getting worst due to work. I am not looking to damage myself any more or make me anymore disabled as I am now. Not looking of more surgeries.

I pay like 500 a month right now in support, Can the court increase my support saying I can work still, because I was working? If not what would be some things I need to bring to the table at court to support my claim…?

Thank you

A child support order can be modified only when there is a substantial change in circumstances affecting the wellbeing of the child(ren). The court cannot increase your support for the sole reason that you are working now and able to work. A court could however, increase the amount of support if, for example, the mother’s income decreased for reasons not in bad faith and/or the needs of the children increased.

If you file a motion to have your child support decreased, you will need to present evidence that you were laid off (vs. fired or quit) and of your medical condition (i.e. medical records, doctor statements, etc).

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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