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My boyfriend has been medically retired from the army as of…

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My boyfriend has been...

My boyfriend has been medically retired from the army as of Aug 2017. He pays child support but no longer makes even close to what he use to make. He mostly lives on the VA check he receives each month What is the next step in order to get child support lowered?

Lawyer's Assistant: Has your boyfriend talked to a VA lawyer about this?

He has not. How does he go about doing that?

Lawyer's Assistant: What steps has your boyfriend taken so far?

We are just starting this process. He's been reading a lot on line and all we have seen so far is to print out a motion to modify child support but It's still very confusing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 1 month ago.Category: Family Law
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Answered in 3 minutes by:
3/19/2018
Family Lawyer: RobertJDFL, Lawyer replied 1 month ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,611
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Family Lawyer: RobertJDFL, Lawyer replied 1 month ago

Good afternoon,

What your boyfriend read is correct. The modification of child support hearing begins with filing a form for modification of child support. Either parent can request that the court take another look at child support arrangements. Many states do make these forms available online or through the Clerk of Court office for parties that cannot afford an attorney and will be representing themselves. Usually, it’s a life event that prompts this request, in this case, the change in income as a result of his medical retirement. The modification hearing, as I'm sure you know, determines whether child support should increase, decrease, or stay the same.

There must be a hearing in front of a judge who will listen to both parents and review the documentation and make the final determination. Both parties need to provide official documentation to prove their current financial status. Documentation your boyfriend can provide would include copies of bank statements, income tax returns, or the checks from the VA (although I imagine it's likely all direct deposit now).

The guidelines for the judge’s decision may vary from state to state. However, the process is the same. The judge reviews all of the information, then makes a decision. A modification request is either approved or denied, and the decision is binding. That’s why it’s smart to have as much evidence and documentation as possible before you go to court. Obviously, if approved, then support will be reduced to that new amount and that would be his new ongoing support obligation. However, until and unless a court orders a reduction in his support amount, he still is legally required to pay the current amount, so I am sure he is wanting to do this as soon as possible.

Please let me know if I may clarify anything or provide you with additional information.

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