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AttySince1978
AttySince1978, Lawyer
Category: Family Law
Satisfied Customers: 931
Experience:  Family Law for over 20 years, which included acting as settlement Judge in the Family Law Courts.
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Are there reasons a Judge would deny a child support reduction

Resolved Question:

Are there reason's a Judge would deny a child support reduction request??

My ex desided to up and quit his job and take a "mindless $10.00 hr." until
he figures out what he might want to do????

In the meantime, my last child support payment was Feb. 18th.

I want to protest this request.Any info you can give me would be greatly appreciated.
Submitted: 5 years ago.
Category: Family Law
Expert:  AttySince1978 replied 5 years ago.
You must tell the Judge that your Ex voluntarily decided to quit his higher paying job and to take on a lower paying employment.
By doing this, your Ex is deliberately attempting to shirk his child support responsibilities
by voluntarily lowering his income. This is unfair to you and unfair to his child. Your Ex could have continued to work and earn the higher wages, but by lowering his monthly income he is misrepresenting his ability to earn a higher income to the Court. Your Ex should not be allowed to do this. The child support payments should not be lowered.
If lower child support payments are granted he will only seek a lower paying position because he will know that he can get away with this by fooling the Court and his new income level will be accepted and we will be made to suffer as a result.
As a result you should ask the Court not to lower the child support because he is only attempting to manipulate the system to his benefit and to the detriment of his child.

I trust that you will find my answer helpful, therefore click ACCEPT after you have read my answer. We Experts Do Not receive any credit for our legal work for you until the ACCEPT button has been activated by you. A small bonus is greatly appreciated.
Thank you and good luck with defeating his request to lower child support.
Customer: replied 5 years ago.

My ex will use the excuse of medical reasons for quiting. His job required flying and he has panic attacks from flying. But, I still feel he could have gotten another job in his field that did not require flying. He says he has been getting offers, but doesn't want to be in sales anymore and has taken a job in a bar.

 

Would a Judge frown on this and not lower the child support????

Expert:  AttySince1978 replied 5 years ago.
I think your Ex will have a difficult time convincing a Judge that he is justified giving up a good paying job in return for a bar job that is paying a little over poverty level income.
You Ex has told you that he has received offers but doesn't want to be in sales anymore.
That is his problem. Just because he doesn't want to be in sales anymore doesn't allow him to take on a low paying position. The Judge won't buy it, now when child support is involved. The Judge may allow him to take the position, but keep the support level unchanged due to your Exs voluntary desire to seek employment in a poor paying occupation. Just because he feels he needs a change in his life doesn't justify a decrease in child support. In fact, you should ask for an increase in child support because he should be able to obtain a much much higher paying position than he originally had. The child support should be increased not decreased. The cost of raising a child greatly increases each year. Your EX should not have the luxory of reduced child support because he feels he is having a change of life experience.
AttySince1978, Lawyer
Category: Family Law
Satisfied Customers: 931
Experience: Family Law for over 20 years, which included acting as settlement Judge in the Family Law Courts.
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