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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23419
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi, I was divorced almost 2 years ago and unfortunately I got

Resolved Question:

Hi, I was divorced almost 2 years ago and unfortunately I got some bad advice and entered into a decree that was not very good.

1) My child support was based on income of $7500 gross monthly, but YTD, I've made $4150 gross. Can I change that? (its $1137 + $267 for insurance)

2) I also pay $900 maintenance, and it states that "Maintenance shall be modifiable after 24 months, the court may look at wife's employment and or completion of education or training to determine whether Spousal maintenance should be reduced or eliminated". For 2 years she has not gotten a real job, gone to schoold (although she just enrolled in a couple classes starting in September) Am I responsible to amend this? or can I just stop paying?

3) We owned a home together and in the divorce it says I have to let her stay in that house for 3 yrs, however I'm responsible for making the mortgage payments. If you put that all together those 3 amounts combined are more than my current gross income. Plus the home is very underwater and I want to either foreclose or short sell it.

What do you think?
Submitted: 5 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

I think you have a good basis to seek a modification, based upon a substantial change in circumstances. Since you income has decreased by $3500, it would be enough for the court to consider the maintenance which you pay and the current needs of the children, at this point. Moreover, your spouse will have to show the court what effort she has made to date, to try and obtain a job or obtain an education, which would allow her to get a job. You cant just stop paying unless there is a termination date in the order. You would need to get the Judge to order it, otherwise. As far as the issue with the home, you would have to wait for the 3 years to pass, if it was ordered she can live there. After the 3 years, the divorce order should have stated what will happen with the home.

Customer: replied 5 years ago.

Thanks, XXXXX XXXXX if the home is lost to foreclosure. Would I be obligated to pay for her housing still at another home? Do you think?


Also, do you know how many months they look at in regards XXXXX XXXXX income. I'm commission, so it varies quite a bit. I'm a mortgage loan officer...ughhh!

Expert:  FamilyAnswer replied 5 years ago.

Tough call on the issue with the home going into foreclosure and if you would have to pay for rent. I would assume the rent amount would be less then the mortgage, so it may be something that actually benefits you. Moreover, she would likely have to take you to court, to get that ordered, for the remainder of the time. They will likely want to see 6-12 months of bank statements, to show that your income has decreased that much and that it was just not a slow month or two. They want to see a history of declining income. Thank you. If you have no other questions, please click the accept button, so I can get credit for my answer.

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