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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> pay cut

If I agreed in court to pay a set amount of alimony, can it ever be modified?

Feb 09, 2011

mens divorce lawyerQuestion:

My current maintenance agreement states that I knowingly waive any claims for support or maintenance of any kind from my ex-wife and that I am to pay her alimony for the next five years.

I am taking a severe pay cut at work, and this reduction in income will make it impossible to pay the court-ordered amount.

Can I file a motion to have this maintenance terminated or modified by the courts even if I've agreed to pay this amount for the next five years?


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Ask a Lawyer: Joint legal and physical custody rights

Nov 29, 1999

Question:

I have 2 questions. First, I have joint legal and physical custody of my 3 & 4 year-old. I pay child support based on my earnings. Due to revenue loss of my employer, I have taken a 15% pay cut. My ex-wife claims that a 20% change must take place before an adjustment can be made. I'm sure her salary has increased at least 5% in this time causing a 20% difference. 1) How do I verify her salary? 2) What, if anything, is she suppose to use child support for? Is she supposed to provide me with supplies, i.e. diapers, etc. Am I entitled to an audit of how that money is used? I currently purchase clothing supplies etc. for my kids since our custody is a week on / week off. So essentially, I buy everything for my kids to be used while with me, and she buys everything for their time with her. Any help would be appreciated. Bob St. Louis, MO

Answer:

I am not licensed in Missouri. Since child support is calculated differently in each state you should also consult an attorney licensed in Missouri. It is difficult to obtain your wife's income information prior to filing a modification. Unless she voluntarily supplies you with the information. Once you file a modification you should be able to obtain the information through discovery. For now I would calculate support based on her last known income. As for the 20% change, some states will use this a standard for modification. It usually refers to a 20% change in the amount of support paid not your income. Again check the guideline/laws for your state. It is unlikely that she is obligated to buy your supplies with her support. The supplies you need to buy should have been considered when calculating your support obligation. In other words your support should be lower because you have joint physical custody.

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