Modificatin of Child Support


Given the short period of time between the last order and his request for modification, the sporadic job history and the fact that he left both jobs before the withholding began, he would probably have a hard time proving that he is not voluntarily suppressing his income. You may want to send a subpoena to his employer to see if you can get some information as to why his employment was terminated.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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My ex spouse was ordered to begin paying child support through income withholding this past year (Order is less than a year old). He quit his job before income witholding could begin. He immediately took another job and income withholding began but he was fired a month later from that job. Now on his 3rd job, income witholding cannot come out of his employement because of the nature of the job, he has to pay himself. He has now filed for a motion to modify based on his substantial decrease in income and is claiming he was fired from his first job and didn’t quit. Will he be able to receive a reduction in child support if it can’t be proven he quit and was fired? What if it was his voluntary actions that caused him being fired? Will he be able to have his child support lowered?