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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29261
Experience:  Attorney with experience in family law.
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My X is taking me back to court to try and lower his child

Customer Question

my X is taking me back to court to try and lower his child support because he can't find a job. Can he actually get out of paying because he can't find a job??
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

My name is ***** ***** I'd be happy to answer your questions today.
If it is impossible for him to pay because he is unable to find work despite making reasonable efforts to do so, a judge has discretion to temporarily reduce payments to what he can afford. However, that also requires a showing that he doesn't have assets or other resources to make the payments, and it depends in part on why he's out of work in the first place. If he quit his job to avoid paying, no, that's not going to work.
It's up to him to show that he's making reasonable efforts to find work, and if he isn't, then he still has to pay.
In the event that the judge does reduce payments, you can ask that it only be for a few months (and that he come back and show AGAIN what he's doing to find work) or that he be ordered to give updates on his employment so support can be increased when he starts working again. You're always allowed to request an increase if you have reason to believe that his income has changed for the better.
If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.