Question:
I am finishing up my military duties and am looking to adjust my child support.
Once I leave the military, I will be returning to school full time in order to finish my college education.
How do I go about modifying child support to reflect my new situation of being out of the military and a full-time student?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide advice on child support laws in your state.
Generally, to get your child support order adjusted you will need to file a Motion to Modify Child Support.
In order to qualify for a modification you must show a material and substantial change as to why you need to reduce your child support amount. Usually the threshold factor is the difference of 20% or $100 from the prior child support order, according to the child support laws in my state.
If you will be going to school full time and not working it is likely the court will base your child support obligation on a 40-hour work week at minimum wage. The court will also look at any other resources in which you might have received income, such as rental properties, family support, etc.
How Much Should You Be Paying?
Please understand that my opinions are based upon the limited facts that you provided to me. In order to receive financial advice on divorce, I urge you to contact a divorce lawyer.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Robin W. Klein, a Houston Divorce Lawyer, contact Cordell & Cordell.
