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stressedoutsider

Very High Child Support

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I am so stressed and don't know what to do.

 

My husband's income this year will be around $30,000. He ETS'd from the Army (not retired) in February, but even then it was sometimes difficult to make his $1250 child support payment every month for one child. He's making a considerable amount less now, and paying health insurance for his son. We also have a child together who is in daycare. When he applied to go back to court in the mothers state, he said he was denied. Why he ever agreed to that in the first place I will never know.

 

The mother has decided to not work anymore, which is extremely frusterating considering we each work around 50 hours a week just to make ends meet. We live with my mother-in-law because we are struggling financially. While he was on active duty a law kept them from taking more than 65% of his paycheck, but now that he's out he owes more than $3000 in back support because of that. How are we ever supposed to afford a lawyer? I love my husband madly, but nothing causes strain on our marriage like this does. I just need to know there's light at the end of the tunnel. Is there anything I can do? Please pray for us.

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I understand your frustration he should have never agreed to pay that much but I believe they count BAH for child support which what really put him over the top in payments. He needs to file a motion to modify support, he should have done this this the day he ets out the army as his pay has decreased substantially. Actually he should have got on unemployment and ask for a temporary hold on paying until he found a job but he isn't thinking at all now. One thing you could do is file for separation to get help paying for daycare and food stamps and housing it sounds crazy but staying married at this point will destroy you both financially. The court knows she has earning potential but typically don't care especially with him paying so much. He doesn't really need a lawyer to modify but it will help, so modify the order before he continues to fall farther behind. And file for separation to get state welfare. He must not know what he's doing why was he denied to modify? Keep fighting or it will only get worst

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On 9/23/2016 at 9:04 PM, stressedoutsider said:

Why he ever agreed to that in the first place I will never know.

 

Agreed to what?

 

As for the rest of your post, you don't appear to have asked any non-rhetorical questions, but it seems that your husband needs to seek a reduction of his child support obligation.  The specifics of how and where to do that are not apparent from your post.

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Hi @stressedoutsider

 

Welcome and thanks for posting. So sorry to hear about your situation, that sounds really stressful. Agreeing with PG, the best course of action would be for your husband to file a request to modify child support based on changed circumstances. The changed circumstances would include a reduction in your husband's income, and the financial hardship of supporting a new child. In the same motion, he can request a motion ordering mother to seek work, and/or impute income to her based on her earning capacity.

 

It is completely understandable that you are stressed about affording a family law lawyer, custody motions can be an expensive endeavor. If you and your husband want to have a free consult with a family law lawyer, click here. Otherwise, your county's court house may have a family law facilitator's officer where you can get legal information and guidance.

 

Best of luck!

The FindLaw.com Team

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