Child Support Review When Expecting A Baby

infantQuestion:

My child support is eligible for review this month to be increased. My wife and I are also expecting a baby in five months.

Is there a way to delay the review until after our child is born so that the court will take into account that I now have two children to support? If so, how? Will I need to hire an attorney in order to delay?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.

Indiana divorce lawyer Kyli Willis
Indiana divorce lawyer Kyli Willis

It is unclear from your question whether your husband’s child support matter is set for a hearing for review or is just eligible to be reviewed.

Generally, child support is not reviewed or modified unless a party requests that it be, at which time a hearing is set.  If a hearing is set in your husband’s case, you can ask that it be continued to a later time.

A court has the option of granting that request or not. You can make that request with or without an attorney.

Even if you do cannot get the review delayed, it is likely that you may be able to ask for a new modification after the birth of your child based on that event.  The child support laws in your state will govern whether that qualifies as a change that warrants a new modification.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your specific case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Indiana divorce lawyer Kyli Willis, contact Cordell & Cordell.

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