Ask A Lawyer: Can I Get My Child Support Dropped?

Question:

I have been divorced almost 3 yrs. We share custody of our children. I have them 50% of the time, and she has them for the other 50%. When we got the divorce, she had a job and carried the insurance. She was also supposed to do half of the driving for the children; however she has now lost her license and her job so I pay the insurance and do all of the driving. I also pay for all of the medical bills. Can I get the $300 a month child support dropped since everything has changed after the divorce?

Even though I work full time, I am struggling to pay all the bills; the support, the insurance, gas for driving them around, and everything else the kids need.  I have to continue paying for all of these expenses since she does not pay them anymore. I have gotten behind on child support because of the added expenses, and I need your advice.

 

 

Answer:

You should definitely look into getting a modification. In some states you can get a reduction in your monthly obligation for covering the costs of insurance premiums.  Also, there may be a way to credit you for doing all of the driving. However, keep in mind that in the past three years your income has probably increased, your children are older, and your ex-wife doesn’t have an income.  These are all factors that can increase your child support obligation.  Nevertheless, you should consult with a local family law attorney and run the numbers to see what your obligation could be. 

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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