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
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.