Dad looks for break on child support
Posted on Feb 24,2008
Dad looks to catch a break on child
Q. My ex-wife and I have a 4-year-old daughter. When we got divorced, I agreed to pay $150 weekly child support on my $37,500 earnings, even though my wife made $100,000. As if figure it, I'd pay only $60 a week under the Child Support Guidelines.
We have joint legal custody, with my ex-wife having primary physical custody.
Due to increased costs of living, I can't afford to pay that $150 a week anymore. I filed a complaint for modification and filed a motion for an immediate temporary reduction. The judge denied my motion saying the $150 was only 21 percent of my pay.
Last, my ex is getting married soon to wealthy guy, so her living expenses will go down.
What can I do to get a reduction?
A. The time to enforce the Child Support Guidelines was when you got divorced. Instead, you agreed to extra child support. In order to get a modification, you need to prove there was a substantial change in circumstances since the divorce. If your income and that of your wife are each within 10 percent of what they were before, you'll lose.
And, your ex-wife's remarriage won't affect the bottom line by a plugged nickel. The guidelines look only at income, not expenses.