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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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long story short! Just went through a divorce! The judge for

Resolved Question:

long story short! Just went through a divorce! The judge for some reason just gave everything to her house included. I have no equity now and have to live with a friend because of the money problems. I have two children that I am paying childed support for, which i have know problem doing. I would never not take care of them. in fact i would like to go back and try to get them!
Because of the debt from the child support and the bills that I got from the divorce my debt to income percent is to high. i am willing to get a second job but i am affaid that my x will take me back after 2 years and get the child support recalulated. if she does that i will be in the same place! i will take any suggestons that you have
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Are you asking if you should try to get custody changed or whether you should get a second job?

How old are your children?

Was custody a contested issue in your divorce and when was the divorce final?


Customer: replied 5 years ago.

it was final in Feb of 2011. Yes should i get a second job? I affaid that if she gets it recaluated I will not get ahead.

Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - As you know, the child support is based on the respective incomes of the parties so it is possible that it could be recalculated based on an increase in your income. Any increase would certainly not be equal to the increase in your pay so you would have more money however all of this would depend on the amount of extra income and whether it would be sufficient to cause an increase in support. The courts typically do not cater to persons who file a new motion for an increase or decrease in support every time the other party has some small change in their financial situation so if you get some part time job to earn a small amount of extra income it may not be something the court will consider as "changed circumstances" to warrant a change in support. It certainly isn't automatic and she would have to file a motion and have a hearing.

So I can't say for certain that you would not have an increase in support but I can say that it wouldn't be equal to all of your extra income. Therefore you will have to make the financial decision as to whether it is worth the effort to earn some extra cash. Getting a change of custody is an expensive and difficult process this soon after a divorce is final. You would have to show a major change in the children's lifestyle to warrant an order from the court to change custody this soon.

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