What can I do to ensure my wage garnishment matches the modified child support order?

Question: My child support was modified and reduced by a substantial amount a couple months ago to reflect a change in my state’s law. Yet I recently received another income withholding order for the original child support amount, not the recently modified amount. What can I do to ensure my …

Can Section 71 payments be reduced if I lost my job?

Question: In lieu of my ex-wife taking part of my retirement pay and not having to pay her maintenance, I agreed to pay her Section 71 payments for a set amount of years. However, I have since changed jobs to a lower-paying position, and I can no longer afford the …

Evidence Needed for Modification

By William Halaz Attorney, Cordell & Cordell Once you have taken action to set a modification into motion, how will you show that changes you are alleging have taken place? What evidence do you need? One continuing change that is often difficult to show is that the child has been …

Can I force my ex-wife’s name off the marital home’s mortgage?

Question: I am a tenant in common on my marital home with my ex-wife. I am responsible for mortgage payments, though we are both on the mortgage. I am attempting a modification on the loan to keep the rate low and lower my payment, but my wife says she will …

How to Act Before Your Modification

By William Halaz Attorney, Cordell & Cordell To state the obvious, the easiest way to have your custody or visitation schedule changed is to get the other parent to consent to the change. After reading that, you probably rolled your eyes and thought, “only when pigs fly will she consider …

Do I have any recourse to stop paying alimony due to her affair?

Cordell & Cordell attorney Andrea Miller

Question: My wife and I are currently separated and headed toward divorce. We have already signed a separation agreement. After I signed the agreement to pay her alimony, I found out she was having an affair while we were married. Do I have any recourse to stop paying alimony due …

Modification of child support

Question: My sister and her child’s father agreed to a child support plan below what the court ordered because the father’s income has dropped. My sister would now like to re-open the support issue and obtain the full amount she should be receiving. Is this possible? Also, if she applied …

Use of Drug Tests in Divorce

By Andrew VanNess Attorney, Cordell & Cordell Drug testing is often a point of contention in divorce and particularly modification cases. A client may want to know if his ex-wife, or his ex-wife’s new partner, can be forced to submit to drug tests if he suspects them of using drugs, …

How much will my child support obligation decrease if I’m unemployed?

Question: I pay child support and currently my only income is unemployment benefits. What proof does the court need to modify my child support payments to reflect my unemployment status? How much will my child support obligation decrease?

Reasons for Modification

By William Halaz Attorney, Cordell & Cordell “If you want to make enemies, try to change something” – Former President Woodrow Wilson Although it may seem like modifying your child custody or visitation agreement will be the embodiment of Wilson’s quote, it doesn’t have to be. The first question you …