Question:
My daughter’s mother has filed for a modification to an existing child support order, indicating that she is out of work on disability. Is it my responsibility to compensate for her loss of wages due to physical disability?
Answer:
Regarding the support issue, have your attorney or go on line and run a child support chart. If you are in a state with a single income calculation (child support is X percent of your net or gross income) her employment would not make a difference. If you are in a dual income calculation state (such as Missouri or Georgia) her decreased income may result in a modification. In most jurisdictions you need to show a substantial and continuing change of circumstances to justify a modification. What constitutes a substantial change differs by jurisdiction.
Spencer E. Williams is the Team Leader over St Louis, St Charles, Indianapolis and Arnold (Jefferson County, MO) offices of Cordell & Cordell, P.C. where he practices exclusively in the area of domestic relations. Mr. Williams has tried numerous cases dealing with complex custody issues, maintenance, business assets and personal asset division.
