Question:
I would like to know how to handle child support calculations while I am currently unemployed during our divorce settlement negotiations.
My soon-to-be-ex-wife thinks my child support payments should be based off my high-paying job that I was fired from several months ago. However, I am currently collecting unemployment as my only income.
My concern is I will not be able to return to that salary level even though my child support payments could be based off that income. How do I address this situation?
Also, does child support normally start after the execution of the marriage settlement agreement or after the divorce has been finalized?
Answer:
I am only licensed to practice in Colorado so I cannot provide you with legal advice on divorce, but I can provide you with some general divorce help for men regarding your child support laws question.
With regards to your income, you will want to use the most current information for your agreement. If you have been laid off and are only collecting unemployment, that amount is what should be reflected. If you agree to a higher income in your agreement, you will be held accountable for that amount and the orders that follow from that figure.
Child support payments usually start when the court finalizes your divorce documents or shortly thereafter. However, it may be possible that child support will be retroactive to the date of filing your documents.
By using the most current and accurate information, this will ensure that your agreement or orders reflect your current financial situation and not that of months ago.
Unemployed and Broke:
The proper statement of income in this case appears to be quite important as the court will issue their orders based upon that information. This will protect you financially as you will not be agreeing to a higher income amount that no longer exists.
Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce lawyer for divorce advice for men.
To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Boulder Divorce Lawyer Maile Kobayashi, please contact Cordell & Cordell.
