Reduction in income of custodial parent


#1
quote:
Originally posted by Jayneenm
My fiance'(originally put husband but we not married yet till his divorce is final)recently had an argument with his ex and as it turns out, in their original separation agreement he agreed to pay $100.00 a week child support. He never even bothered to hire an attorney or read the papers. She took everything, he left with nothing but his clothing. Her attorney is a family friend who drew up the papers for just the court costs. A year and a half ago he had some financial hardship and she agreed to allow him to pay $75.00 a week instead of the $100.00 and it was never mentioned again. Now, after the argument last week she wants the arrears which I believe after spending a great deal of time on your website she will probably get. Am I correct? Also, when they originally separated she was making $45,000 annually and he was making $18,720.00 which is why he should have never agreed to $100.00 a week, however, she has recently quit her job and took a job making about $20,000 herself. Should I contact an attorney for a reduction in his child support or not argue this at all? Oh yea, they have one child together and she has another child who is 18 months older from a different man who she had sign over all his parental rights and she get no support for her. Any help is appreciated.

#2

Dear Jayneenm:

Greetings. Yes, I agree with your analysis that he is responsible for the arrears. Now, I would immediately go and file either a claim for child support or have the child support enforcement agency set child support based on both parties income. Best of luck…and happy holidays.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

My husband recently had an argument with his ex and as it turns out, in their original separation agreement he agreed to pay $100.00 a week child support. He never even bothered to hire an attorney or read the papers. She took everything, he left with nothing but his clothing. Her attorney is a family friend who drew up the papers for just the court costs. A year and a half ago he had some financial hardship and she agreed to allow him to pay $75.00 a week instead of the $100.00 and it was never mentioned again. Now, after the argument last week she wants the arrears which I believe after spending a great deal of time on your website she will probably get. Am I correct? Also, when they originally separated she was making $45,000 annually and he was making $18,720.00 which is why he should have never agreed to $100.00 a week, however, she has recently quit her job and took a job making about $20,000 herself. Should I contact an attorney for a reduction in his child support or not argue this at all? Oh yea, they have one child together and she has another child who is 18 months older from a different man who she had sign over all his parental rights and she get no support for her.
Any help is appreciated.