Child Support Modification If The Judge Thinks You Caused Your Unemployment

advice on divorceQuestion:

I tried to modify child support after I lost my job, but the judge denied it saying I lost my job based on my own conduct, which is untrue because I’m collecting unemployment.

I then tried another child support modification based on the fact that my health insurance increased significantly. However, the judge found that I have not raised any change in circumstances. It appears because this judge incorrectly thinks I lost my job based on my own conduct that I cannot get child support modified for any reason.

I have just finally found another job, but it pays significantly less, so I would again like to pursue a support modification.

What must I do so that any time I go in to court for a change in circumstance modification, the judge will not keep going back to his decision that I lost my first job based on my behavior?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

In most cases each allegation of a change of circumstances should be treated independently.  That is, if you ask the court to modify your child support in one instance, you should not be automatically held to that decision when subsequently seeking modification.

It sounds like the judge may have considered your increased health care expenses a result of you losing your job. Since he apparently (and incorrectly) found that you intentionally lost your job, he treated both instances as arising from the same event.

With your new job, salary, and benefits in place, it seems more likely that you will be able to show a sufficient change in circumstances for the purposes of modifying your child support.

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Child Support Modification

Since you’ve already had problems with the judge and been the apparent victim of a bias, I’d strongly recommend your seek the assistance of an experienced divorce lawyer for men as you move forward.

You and your divorce lawyer may be able to construct a more effective legal strategy to obtain your goals, you may be able to get your case in front of a different judge, or you may be able to appeal a previous ruling.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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