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Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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can the non-custodial file a financal hardship or undue hardship

Customer Question

can the non-custodial file a "financal hardship or undue hardship" if cannot afford child support amount or if motion to reconsider child support order as denied. I CAN NOT AFFORD 1500month.
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawdoctor replied 6 years ago.
Dear Leanne:

What state is the child support order in?

Thank you
Customer: replied 6 years ago.
georgia ch support order increaesed sept 2009. sept i filed a motion to modify ch support was paying 1000.month. never received notice of hearing that i filed. so i was not there and ex and her attorney were judge increased my support 500.00 since then i have continued to pay 1000 bit cannot afford the other 500. filed a motion to reconsider stating did not receive notice of hearing it was denied. now ex threatening to file contempt on the 500 that has not been paid. ex filed out ch support worksheet and indicated i made 70k yearly. my w2 for 2009 is 59865,00 and for 2008 is 61k.
Expert:  Lawdoctor replied 6 years ago.
Dear Leanne:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

I am sorry you are in this situation. You will need to file a motion for modification. Since you have a history with this court of not showing for the last hearing and you are alleging that you did not receive notice of the hearing I would strongly encourage you to hire an attorney to represent you in this matter. You are at a distinct disadvantage and you have seen that it has already cost you $6000.00 for the first year with the 500.00 per month child support increase. You will not get the judge to hear you on your own, you need an attorney. Think of it this way, if the attorney cost you 5000.00, an he or she gets your child support down to 750.00 per month, they have saved you 9000.00 just in the first year, not to mention the other years you have to pay. So if your child is 10, that is 8 years to the tune of saving over 72,000.00. That is a lot of money and if you don't have someone to represent you it is only going to get worse.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.