VIP Child Support Modification Question

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VIP Child Support Modification Question

by MJ
(St. Louis, MO)

My new husband and his ex have been divorced for 5 years. They have a 6 year old son. Soon after the child support order was put into effect, his son was 1, he lost his job. Since then, he has had a 40% decrease in income and has been struggling to pay the $540/month ordered by the courts.

Since we cannot afford an attorney, we applied through Family Courts in Missouri where we live. They are handling the modification for us to see if we can get our amount reduced. However, his ex just notified him that if we don’t drop this modification then she is contacting a lawyer and we will have to go to court and he will owe more if not the same amount as he owes now.

How does she know this? What are her rights? What are our rights? Won’t Family Court represent us in the same manner? Will her lawyer be able to find loopholes that Family Court cannot? Since we are married can they use my income for figuring child support? Also, I am 7 months pregnant and due at the end of this year. Does that affect child support amounts?

I have called Family Courts and they are have not returned my call yet, I really need some answers.

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VIP Child Support Modification Question

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VIP Membership Response
by: Child Support America Team Member

Hello MJ,

First of all we welcome you on board as a new VIP member. Thank you for following the rules by adding VIP member to the title. This ensures that your questions take top priority over non-vip visitors.

NOW to your questions....

If it has been 3 years since the order was set then your husband has the right to file for and request a child support modification. Since he has a 40% decrease in income we don't see a reason why the order should not be lowered. It appears the his ex is just trying to use scare tactics because she knows she will lose money. So don't worry about that.

Also, child support CANNOT use your income in determining his new order amount. Our question to you is when is the hearing? We ask because YES he can add the new baby as a deduction to lower his child support, BUT ONLY after the child is born. If possible, it might be a good idea to try to wait until the child is born so that your husband will have another deduction. So when is that hearing? You can respond back via this post.

CSA STAFF

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by: MJ

They havent set a hearing yet so maybe we can have it postponed until after our baby is here.

Also, can you please tell me what happens if his ex does hire a lawyer? Do we need to hire one to protect ourselves or will the state be representing us? Can she hire an attorney if our case is already opened with the state? I am still waiting for them to call me back, hopefully I will hear back today.

Thank you!

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Attorrney
by: Child Support America Team Member

MJ,

We think it would be a good idea to postpone the hearing, so he can get that deduction when the baby is born. Yes his ex can hire and attorney, but it seems to be pointless if everything that you say is correct.

With a decrease in his income and a new deduction it appears that the child support order will only be lowered. The only thing that we see that could work in her favor is if she is on welfare, or working a very low income job. But even still, your husband has a new baby coming and a 40% percent decrease in pay.

You guys know his ex best, but we think she is bluffing so that you guys don't file for and receive a modification. Lastly, we are not sure if the state will represent your husband, as this is very rare. He may want to look into getting legal aid counsel.

CSA STAFF

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by: MJ

I spoke to the state yesterday and they told me that she can hire a lawyer but in most cases the lawyer will allow the state to do all the work since the investigation will be the same. They also told me that since its through the state we cannot claim our new baby as a dependant since we opened the modification case ourselves. Only, if we were to take it to court outside of family services we could.

But regardless, his income has still drastically lowered and we should be granted the decrease in payment from that loss. His ex is not on welfare and does have a good paying job. And the state will not represent us but if she does end up hiring a lawyer we do have a non-profit organization that only deals with fathers in cases like this.

I really appreciate all your help and advice!

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VIP Child Support Modification Question

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VIP Child Support Modification Question