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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Hello, I am currently working as a civilian contractor in Afghanistan

Resolved Question:

Hello, I am currently working as a civilian contractor in Afghanistan with ACFIRST as Lead Weapons Tech. I had a layer try to settle my divorce and she ended up getting more than the 40hrs/wk. which is more than allowed by law correct. I currently can not take R&R due to the fact that I will not get paid the same and will end up in the arrears. Is there a way to get Child Support reduced and be able to get my right back, since im paying out 3,600/month
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

Hi

 

You can always file for a Child Support modification, if you can show there is a substantial decrease in your earnings. You would file in the Court that issued the Court Order.

 

If you have a complaint about the way your attorney handled the matter, you can contact the Illinois Bar Association and file a grievance, or if you feel you paid too much file a fee dispute. Here is that contact information.

 

You also can use the Bar Association's lawyer referral service for an attorney who will be able to assist you with a child support modification.

 

 

Customer: replied 5 years ago.

I UNDERSTAND THE ANSWERS YOU GAVE TO THE QUESTIONS I ASKED, MAYBE I AM NOT ASKING THAT QUESTION IN THE CORRECT WAY.

 

IS THERE A FED LAWS THAT STATES ONLY THE 40HRS/WK IS GUARENTEED

AND NO MORE THAN THAT CAN BE TAKEN.

THAT IS WHAT MOST OF THE CO-WORKERS HAVE TOLD ME THAT HAVE GONE THROUGH A DIVORCE WHILE WORKING OVERSEAS.

Expert:  Samuel II replied 5 years ago.

Hi

 

No, there is no such restriction. What the child support is based on are earnings and "earning potential" - you can certainly argue that overtime is not guaranteed, but the courts will include it as it is part of your gross wages

 

 

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