Can I Modify Child Support Because I Am Now A Stay-At-Home Dad?

mens divorce lawyer Janet Yu JohnstonQuestion:

I am no longer working and am now a stay-at-home dad for my children. However, I still owe child support to my ex-wife for a child from our marriage.

We are currently paying her child support from my current wife’s student loans, but we are really struggling financially.

Because I am a stay-at-home dad, do child support laws allow me to modify the child support amount?

Answer:

I am not licensed to practice law in your state so I cannot offer advice on divorce. However, I can give you general divorce help for men that may be useful to you.

I would definitely speak with an attorney about modifying or eliminating your child support obligation since you are not working.

It’s not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. A party seeking to modify his decree must show a substantial and continuing change of circumstances. Those circumstances may include dramatic changes in income, such as in your situation.

In Kentucky (where I practice), the child support amount is easily modifiable, so long as there are changes in circumstances of the parties’ income amounts that would reduce or increase the child support obligation at least 15%.

If that is the case in your situation, then you should not have difficulty having the support modified.

Again, as I am unfamiliar as to the specific laws for your state, I recommend speaking to a lawyer licensed in your state for financial advice on divorce as soon as possible.

Cordell & Cordell has mens divorce lawyers located nationwide. To arrange an initial consultation with a Cordell & Cordell attorney, including Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.

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One comment on “Can I Modify Child Support Because I Am Now A Stay-At-Home Dad?

    Sorry, but this answer is absurdly simplistic and designed to tell this man ONLY what he wants to hear. The truth of the matter is that if you owe child support and decide to become a stay-at-home dad, you are voluntarily impoverishing yourself; in most states I’ve ever heard of, you can’t “easily” get a modification of child support and lower your chlidren’s standard of living just because you’ve decided not to work — sorry pal. You will still owe child support unless you can demonstrate an inability to work or loss of income due to reasons beyond your control. And don’t your children deserve it?? You haven’t said here that their mother is well off.

    In addition, if you are fool enough to be paying your current child support obligations using borrowed money on which your new wife is paying interest, the two of you deserve each other at the bottom of the deep, deep hole you are digging. Good luck to you and your many children.

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