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I certainly understand your situation. Could you please clarify a few things so I can better answer your question? When the child support was previously ordered, was her salary considered and used to factor the amount? Has there been any modification since the amount was first ordered by the Judge? What salary/figure are you using to calculate this and how do you know that is what she could be earning?
Mel, thank you for that additional information. The court can consider a modification of child support, if there has been a substantial change in circumstances. The court will look at the following factors, when deciding if the amount you currently pay, should be reduced. Some of these were considered at the time of the divorce and others are still relevant and can be used:
If the amount you pay now was originally ordered by the court, it would have included her income at the time ( please let me know if I am wrong and it did not). If that is the case, SHE would be the one who would have to go to court and seek an increase in support, if she is claiming that as a result of being unable to work, the needs of the child can not be met and you should be paying more. It would be at that time, that the Judge would decide and could inquire about her situation and if this is something which is a valid claim ( i.e. she is injured and cant work) or if it just an excuse to make you pay more. Child support is based upon the needs of the child/ren, so the Judge is certainly going to consider if the amount you pay is enough to meet those basic needs and if money that goes to certain "extra" things, shall not longer do so. As far as the issue with the age in which a minor can decide which parent they want to live with, SC does not have one. Normally, the court will want the child to be at least 12 years old but at 14, your son should be able to speak with the Judge and advise him/her if he wants to live with you or the mother. The Judge will certainly consider the wishes of the child but the Judge has the final say, based upon the best interest of the child. Moreover, if you were to obtain custody, the amount of child support which you pay, could be reduced as well, since you would be having more time with the child and a greater need/basis to provide for him.
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