Lowering Child Support Without Court Approval If Unemployed

divorce lawyer Katie PetersenQuestion:

I recently lost my job and am unemployed. Because of my drop in income I adjusted my child support payments a similar percentage in order to keep the ratio of income to child support the same.

Can I unilaterally modify my child support payments if I lose my job?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child support laws where I am licensed to practice.

If a court has ordered you to pay a certain amount of child support, then you cannot unilaterally adjust your child support payment after you lose your job. You must file a modification action and have the court order the adjusted amount to reflect your loss of income.

Since you haven’t been paying the amount of ordered child support, your ex-wife could file a contempt action against you. The court could then order you to pay the amount you are behind in your payments.

Depending on your state’s child support laws, the court may fine you as well and require you to pay the cost of your ex-wife’s attorney’s fees for bringing the contempt action. Again, this all depends on the laws of your state.

Child Support Calculator:

How Much Should You Be Paying?

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta Divorce Lawyer Katherine Petersen, please contact Cordell & Cordell.

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