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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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The original response gave me the impression that maybe it

Customer Question

The original response gave me the impression that maybe it wasn't clear that there is actually already a child support order in place because of the calculator suggestion. He is ordered to pay a monthly amount plus provide health insurance based off of
his previous job. He willingly quit his job, with a no call no show, which I know for a fact because my father was his boss. He spent a few months unemployed and then moved to Cleveland (where he's from) to take a job making significantly less than he did
before. He intends to get child support modified based off of his new job, will that be possible? And I misunderstood the second item, the one involving if two parents decide that the non custodial parent can not afford the child support, is that if he's not
already on it? I guess I'm just asking for a little more clarification although the first response was already more than I expected. It just left me with a couple more questions.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

Thank you for clarifying. If he's already got an order, he needs to keep paying, even if he quit his job. Him making a decision to be unemployed is not your child's fault, and your child is entitled to that money. He has to pay the original support amount until it gets modified. He's allowed to request a reduction, but you can bring in your father to testify that he abandoned his job, that he was making $X per month, and that he'd still be making that if he had not stopped showing up for work. What that means is that he's voluntarily earning below his capacity, and child support SHOULD NOT be decreased as a result.

The second item was for it he didn't have court ordered child support. Since you have a court order, don't worry about it.

I hope that helps clarify. Let me know if you have any more questions.

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