Ask a Divorce Lawyer: Do I have a better chance of modifying my child support now due to the economic environment?

Question: I was laid off in June 2009 from the paper industry and filed for a modification to child support. The ex is fighting this modification saying I should continue paying the same support based on the $90,000 a year I made. There are no jobs in the paper industry especially at that salary. I applied and started a re-training program in Diagnostic Medical Sonography, which is an 18-month program. She is a speech language pathologist and only earns $30,000 a year. From my research this is significantly less then average. She also takes summers off. Knowing how unfair this system is to men, is it worth the expense to fight this in court?


Answer:  Unfortunately, the issues you are dealing with are not uncommon.  With so many layoffs across the country, parents who have child support obligations are dealing with this exact problem.  

However, now more than before, it seems the courts are sympathetic to the current employment forecasts.  My suggestion is that you consult with an attorney familiar with your local rules and state laws and explore your options.  You may find that yes, it is worth the expense to fight this in court.  


Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

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