I have requested a child support modification after six years being divorced. My son is autistic and has special needs. Does this make a difference in the modification? Ex: My ex husband does do the every other weekend visitation, but when my son is sick he has never taken off work to stay with him. I have almost lost my job because of this. He has never been to his school, doesn't know who his pediatrician is or what day care he goes to. I feel this should make a difference because there have been many times I do not get paid if I miss a day of work if my son is sick. He is supposed to have him the month of July, but only keeps him every weekend in July - I have to pay day care expenses for that month which is a lot for me. I only want what is fair and what is best for my son.
The Attorney General's office has calculated an extra 150/month. I am not sure if I should agree or not. I am not sure what to do or if I should get an attorney involved. I of course cannot afford an attorney.
Hello! My name is XXXXX XXXXX I will be assisting you with this matter! A child's disability will be taken into consideration on the modification of child support if your child's disability causes you to incur more medical expenses for the child. If it is a permanent disability where he will not be able to take care of himself when he turns 18, you can request permanent child support, as well. You are entitled to file a modification of child support after 3 years, but you do not have to agree with what the AG wants. You will take proof of the extra medical expenses and other documentation you would like to a hearing. The AG does not represent you or your ex-husband, so you can take what you would like and present it to the judge. Of course, it is easier with an attorney, but you do not have to obtain one if you are unable to afford it.
I do not know how my son will be when he is 18. He is only nine years old. I didn't know if I choose not to agree and let the judge know my situation - he won't take off work to stay home with him, etc as I stated before would make a difference in the modification. He (my ex) thinks seeing him every other weekend and paying me $126 a week is "doing his part."
It's a tough and very stressful choice to make. I only want what is best for my son. I am very nervous about not having representation by an attorney.
Ok. Thank you. My ex is very mad I requested the modification already. I do need to make a decision quickly of course. I've been very lenient with him regarding the visitation order and he has not complied with it the whole six years. I just feel my son and I deserve more help. However, I do not want a long stressful battle either.
Thank you for your information and help.
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