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I have been divorced for four years. I have joint legal and

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physical custody with a balanced...
I have been divorced for four years. I have joint legal and physical custody with a balanced shared parenting agreement. My salary is dropping by 30%, and I cannot meet the full support payments going forward. I have approached my ex-wife to mutually agree upon a resolution, and she refuses to acknowledge my written correspondence. I refuse to go into default, as I have never missed a payment, but I cannot meet the obligation. Can you advise as to the right course of action?
Submitted: 7 years ago.Category: Family Law
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12/1/2009
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 7 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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Good afternoon,

I'm sorry to hear of your dilemma.

If your salary is going down 30% and you can not readily find another similar job paying more, then you are in a position to petition the court for a Modification of Child Support based upon a significant change in circumstances.

When you can show the court that this loss of income is permanent in nature, you will be in a good position to have your support level lowered.

Be very careful about the urge to reach an informal agreement with your ex to lower the payments, as such an agreement is not enforceable in court and she could come back years down the road and seek to collect all the arrears based on the amount you don't pay. It is vital that there be an Order of the court lowering your obligation.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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