Question:
My older child graduated high school and is joining the military so how do I modify child support to account for my other minor child?
My ex-wife is not contesting this and we agree that I should pay 50 percent of my current child support amount since we now have one minor child rather than two.
How do I go about a child support modification since the support is paid through the state and garnished from my paycheck?
Answer:
I am unable to give you legal advice on divorce. I can only give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am temporarily permitted to practice.
To answer your question, since you have one minor child remaining, you likely will have to file a child support modification motion to lower your support amount with the circuit court in your county due to the fact that one of your children has recently been emancipated.
The fact that your child joined the military rather than attend college (where I practice, child support may be extended if a child attends college up until the age of 21) should be sufficient to lower the child support order.
Although you and your former spouse have agreed to seek a 50 percent reduction in child support, the ultimate amount may depend upon what your respective financial circumstances are, what the remaining child’s needs are, etc.
In the alternative, you could also have a consent agreement drafted manifesting the terms of your agreement with your ex-wife to lower child support. Keep in mind however, that this is not binding until it is signed by the judge.
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Overall, I recommend that you speak with a mens divorce attorney in order to further advise you as to your legal options in this regard.
Remember, I am unable to provide you with anything more than divorce tips for men.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, a St. Louis divorce lawyer, contact Cordell & Cordell Law Firm.