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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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H & W divorcing. H paying $105.00 a week pursuant to a Rule

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H & W divorcing. H paying $105.00 a week pursuant to a Rule 11 agreement on temporary orders. As per the guidelines he should be paying $226.00 month. A final hearing is set for the divorce & W wants H to pay at least $105.00 a week. H is barely getting by & wants to pay as per the Sup. Ct. guidelines. W works full time. H works part time because he goes to a career tech. school studying computer science. W claims H is underemployed & needs to get a full time job. H does not want to leave his job of six years b/c the company pays his family's health insurance. H works 20 hours a week @ $15.12 an hour. Currently he picks his children up @ 7:00 a.m. M-F & returns them to W @ 5:30 p.m. & he gets the kids 1st,3rd,& 5th weekend of each month. W very financially irresponsible,which caused divorce & debt in amount of $15,000. Q: will Judge likely rule in his or her favor re. child support.(children 6 & 7).
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry but a bit unclear. What is H demanding from the judge, a lowering of support?
Customer: replied 3 years ago.

Yes, rather than the $105.00 a week he agreed to at the temporary orders hearing he wants to pay as per the guidelines set by sup.court which would be approx. $226.00 a month.

Joseph,

Thank you for your follow-up. The courts would generally side with the proper guidelines if the other party cannot show extreme or direct circumstance as to why she would be entitled to greater payments. One of those conditions may be if she can convince the courts that the husband is intentionally underemployed. This is tough to do in this circumstance for a variety of reasons but mainly because there is both a legitimate reason for why he is employed at the current position (insurance for family and schooling), and also because has been employed there for a significant amount of time before divorce was being pursued. It would still be in the husband's best interest to show that schooling is designed to later increase and improve support amounts, but that it is not yet time or ability to pursue such benefits because schooling has not yet ended.

Good luck.

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