Question:
I am an active duty military. but this year I will be out. I am paying child support for my kids but in August when I get out of the Army, I won't be making money until I find a new job. My question is, if can I have any possibility to reduce the amount of child support? Can I start with the process since now because I have my order from the Army saying the day when I get out? Thank you.
Jim's Reply:
To reduce a child support order requires the approval of the court that issued the order or the court where the children currently reside. This is called a modification of an existing stipulation of the divorce decree. You must file for a court date to plead your case and the ex will be heard too. You're usually allowed to appear by phone so if you're still deployed somewhere on the court date, you should make those arrangements far in advance.
But...the family court doesn't always accept pleas to modify existing obligations because so many people would be tempted to downgrade their life to punish the ex. I know, I know...hard to believe but it happens, some guys don't get that they have to support their kids no matter what. In any case, the court is a tough one to convince the kids don't need the money.
The court has the authority to impute income based on your earnings history over the past. If you made $40,000.00 last year and you anticipate making 1/2 that this year, the court may not accept your explanation and then will impute your income to have not changed and your obligations will be based on the imputed 40 large income whether you're making that or not. Is that legal, can they do that? Yup...just ask the judge.
The court is only interested in the welfare of the children. The family court wants the support the children are owed no matter if you're searching for a job or not because if you weren't divorced, you'd be finding a way to care for them.
Further, many states don't allow you to take a bite out of the modification apple when you feel like it. You may be restricted to a percentage of income reduction or how many times you're allowed to seek modification.
This is very serious business. If you fall behind it can be posted on your credit report, arrest warrants can be issued and that affects your ability to find employment, get a car and so on. I know veterans who spend weekends in jail for non-support.
I'm divorced and I speak from the voice of experience. You are much better off finding a way to pay on time every month in the full amount and then some. If you have to couch surf, just do it. It's better to meet and fulfill your obligations than to make waves that can hurt you way down the road.
And...it's the right thing to do for your kids.