Motion for Child Support Reduction


#1

My husband is a non-custodial parent who pays $450 a month for one child age 9. He recently had to quit his full-time job to care for his mother. She suffered two strokes and is completely bed-ridden. He has secured a job to provide 24 hour care for her. He now works overnight to take care of his mother during the day between naps. And I work first shift to take care of her at night while he is at work. We had a live-in caretaker who retired after being with us for almost 2 years. Unfortunately, we are unable to secure assistance for a facility or additional help for his mom due to lack of funds and insurance limitations.

He is no longer making the money he used to and no longer works full-time (approximately 36 hours a week now - 7pm to 5am M-Th).

He has completed the paperwork to file for a modification/reduction of his child support; however, I am wondering if a judge will deem his actions as voluntary.


#2

For income to be imputed, the opposing side has to show that his income reduction was to avoid his child support obligation. If you are able to produce evidence and make statements that lay out the story you have just told, I believe this would be a hard burden for the other side.