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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My husband and I have been married 3 years. He has a daughter

Customer Question

My husband and I have been married 3 years. He has a daughter in Bloomington, Georgia and the order from 2003 has $306 for child support amount. That was when he made $18,000. He now makes $16,000. The cost to have visitation is astronomical and may not be able to see her Christmas or next summer because of this. She has always covered health insurance for her even though the decree states that he is supposed to. Also he was sending for quite some time $250.00/month instead of $306 because he has an older daughter he was paying child support for too. She is now 20. Anyway, based on this information, my question is, would it be worthwhile for us to seek a modification?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Is this court ordered child support?

When is it supposed to terminate?

Customer: replied 5 years ago.
Yes this is court ordered child support from Chatham Co. Georgia. His daughter is 13 years old, so another five years when she's 18.
Expert:  Dave Kennett replied 5 years ago.

DJACUSTOMER - In order to modify the support he will have to file a motion with the court to modify based on a change in circumstances, a drop in income. Child support is based on the respective incomes of the parties so I cannot tell you that a decrease from $18000 to $16000 will affect the support payment that much especially if he is no longer paying for the other child. Before filing you may want to get a short consultation appointment with a local family law attorney to do a calculation based on all the current child support tables to see where he would come out.

I have seen cases where someone goes in for a decrease and comes out with an increase because the figures have changed and when there is only one child instead of two he could actually have to pay more. Once he files and the court makes a determination it will be too late to withdraw his motion and he could be asking for trouble if the calculations result in an increase.

Dave Kennett and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Would they take into account that we have to spend a lot for visitation and may not be able to afford plane tickets? Also, do we just hope and pray she doesn't file for back payment of health insurance/child support.
Expert:  Dave Kennett replied 5 years ago.
Unfortunately the visitation expenses would not be part of the calculations. If you file a motion she may very well claim the back payments and health insurance so you are taking a big risk just to save a few dollars. If the back support is part of the record it is very likely it will rear its ugly head at some point so the longer you can wait the better off you will be.

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