Do child support laws for modifications apply for divorces less than one year old?
We were divorced in December 2010. At the time of the divorce she claimed not to work, though she currently is self-employed making a decent income.
I would like to lower my child support payments based on the fact that I don’t believe her income was fully disclosed to the court at the time the divorce was final.
Is it possible to get a child support modification so soon after we divorced?
This answer only includes general divorce help for men since I am only licensed to practice in Missouri and am thus unable to provide any specific legal advice on divorce.
In Missouri (like many other states), a modification of child support may be made if you can prove to the court that there have been substantial and continuing changes that require a modification of the support order. Generally, the change in the support amount must be at least 20% different.
In your case, your divorce recently became final in December 2010. Since your divorce is not even a year old, I suspect that it might be difficult to prove to the court that there have been substantial changes.
However, if your ex-wife lied to the court, you may be able to prove the change if you are able to prove the lies and extent thereof.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights I urge you to contact an attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.