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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102342
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I got divorced about 5 years ago and my child support is based

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I got divorced about 5 years ago and my child support is based on my income at that time and my ex-wife's income at the same time. If I voluntarily change jobs to one with significantly less income can I get my child support payments lowered?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

Can you please tell me what you mean by voluntarily? Would you be doing this just to pay lower support, or for another reason?
Customer: replied 5 years ago.
I'm a technician but I've moved into management. I don't like management so I want to go back to being technical. Now my skills are rusty so I may have to take a big paycut ($20,000 per year or more) to get the kind of technical job I want. I'm not changing jobs JUST to lower my child support, I'm doing it for my sanity and so I'll have some time to be a better father for my child.

Under those circumstances will I be able to lower my child support?
Expert:  Ely replied 5 years ago.
Thank you.

Generally speaking, the Court will adjust your amount to whatever you are making. However, there will be a presumption that you voluntarily stepped down to avoid paying more child support. If the Court believes that you are stepping down just to avoid paying more, it will not lower payment. Therefore, you have to beat the presumption that you are doing this for that reason, and prove by a clear and convincing threshold that you are doing this for the reason that you stated here.

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