Among the Ask a Dads Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Support was based on our daycare expenses but my ex has since taken the kids out of daycare. What can I do?
• How can the courts say I still have to pay child support when I don't have any income?

Question:

I have joint legal custody of my two children. The judge set my support based on my ex wife being the custodial parent. The base of my support was based on us paying $780 a month in daycare but once the judge placed the support on me my ex stopped the daycare, which made me have to stay home on my days with the kids so I couldn't make the same money. What should I do?

Answer:

First, I must preface my answer that I am licensed to practice law in Nebraska and can only give you a general reply. I suggest you speak with a domestic litigation attorney licensed in Kansas before taking action. Cordell & Cordell maintains offices in Kansas and one of your qualified attorneys would be glad to consult with you.

It sounds like you have two options. The first would be for you to put your kids back in daycare so can do your job. The second would be to petition the court for a modification of child support. Each state will have it’s own requirements to be met before a modification will be considered, but often there must be a material change in circumstances not foreseen at the time of the trial. You could argue that the change in the daycare circumstance, which in turn created a change in your job, is a material change in circumstance, and ask the judge to modify child support based on your current situation.

Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.

Question:

I am unemployed and have been for a year. When I became unemployed, the court modified what I pay in support to what the percentages are for what I receive in unemployment. My unemployment benefits have run out and I did provide that document to the court. They still have me paying as if I am still receiving unemployment. How can they say I still have to pay child support when I don't have any income?

Answer:

First let me preface my answer by stating that I am not licensed to practice law in the State of Illinois, although Cordell & Cordell, P.C. does have attorneys located in Illinois that would be happy to discuss your case with you.

It can be frustrating for anyone who loses their job, especially because of the economy, to be burdened with a child support obligation that was calculated based upon an income that they are unable to earn anymore. It is even more frustrating, when a person finds a comparable position, but because of the economy, the salary is much lower than what it was a few years ago. These are some of the issues that the Courts in this country face daily because may child support obligations were calculated, when times were good and now that the economy has faltered, many people are turning to the Courts and asking for help.

It can be difficult for a Court in these situations because while a Court may be sympathetic to a parent's loss of a job, the Court also has to protect the interests of the children. In most states the Court's do have the ability to impute income to a party if the Court believes that the party is voluntarily unemployed or underemployed. You would need to show the Court your continued effort to find a job, even jobs that are outside your expertise and make the case that you are not voluntarily unemployed or underemployed.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.