My alimony and child support payments were based off high income I accumulated during years that my income was 100% commission. I am no longer in that position and my salary has decreased substantially, though it is much more stable.
I would like to have my alimony and child support modified to reflect my new salary level. Is this possible?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am temporarily permitted to practice.
While I do not know all of the facts of your case, it appears that you may have sufficient grounds to seek a modification of your existing child support and alimony amounts.
In Missouri (where I practice), the provisions of any judgment respecting maintenance or child support may be modified only upon a showing of changed circumstances so substantial and continuing as to make its terms unreasonable.
In a proceeding for modifying child support and maintenance, the court, in determining whether or not a substantial change in circumstances has occurred, considers all financial resources of both parties, including their respective incomes (if any) and expenses.
In addition, a court considering a modification of child support also examines several other factors, including but not limited to, the financial needs of the child as well as their physical and educational needs, etc.
If the monetary change in your salary is significant, then a court would certainly take that into consideration when determining an appropriate modification amount for both your child support and alimony payments.
In terms of the legal steps necessary to modify child support and maintenance, I recommend that you consult a mens divorce attorney in your jurisdiction.
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, an associate attorney in the St. Louis office, contact Cordell & Cordell Law Firm.