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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23953
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have 50% legal joint custody and the mother was in jail

Customer Question

I have 50% legal joint custody and the mother was in jail for 1 year and lost everything. she had a good paying job and that she is out of jail can not find a good paying job. since then I have done good for myself and doing better financially. the mother see's that I am doing good and filed for child support to be revised. in other words she is asking me to give her more money. She is capable of getting a good paying job but because of her legal situation she has no luck finding anything. Is there anything I can do to avoid her taking my money since it is her fault she is in this situation?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. Yes, you can certainly object to it and show the Judge that she needs to make a good faith effort to find work, even though it may not be something she ideally wants to do. As you shared, her current situation is a result of HER fault, not anyone elses, so you should not have to incur the cost an pay for her mistakes, since she needs more money for support. Now, it is important to realize that child support is based upon the needs of the child, so you want to find out what those needs are when she has the child, to make sure she is not taking advantage of you and if things are needed, you can pay them on your own. Of course, her conviction will limit her ability, so you need to find out exactly how much and what for, she needs additional support, since custody is shared.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!