Modification of support


#1

Our agreement went into effect in August. Joint custody. I lost my job in December. My ex only pays $198 per month in child support and after school care alone is $175 per month.

Also, my child qualifies for mediciad but the ex carries him on his insurance. We have to split all co-pays etc. I asked him to drop his coverage and let me put the child on medicaid since I have no income and he won’t do it.

He has also made doctor’s appointments to discuss “issues” concerning our child and doesn’t tell me about the appointment or what the “issue” actually was.

Also he works a lot of 3rd shifts now instead of 1st when the agreement was made.

Can I modify this agreement? How?


#2

If this agreement is contained in a court order, you need to make a motion to modify child support based on your loss of income. You must prove there has been a substantial change in circumstances to modify child support which is contained in a court order, and losing a job would qualify.
As for the joint custody provisions, if you spouse is leaving you out of the loop on important issues you should file a motion to have him held in contempt.
If you have a separation agreement you may file an action in the court for child support and child custody without having to allege any change in circumstances as occurred.