Due to my ex-wife’s voluntary unemployment and the fact that I was fired, I would like to modify my child support and ask for a temporary deviance to $0 per week until such time when either party makes 20% more than the other.
Our expenses and amount of parenting time are nearly identical and both of us have experienced drastic reductions in income.
Would this situation be one that qualifies for a modification of child support?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child support laws where I am licensed to practice.
If your reduction in income would result in your child support being modified by at least 20% and/or there has been a substantial and continuing change in circumstances, then you may request a modification of child support.
If the child’s mother would agree to a modification of child support to make your child support $0, then you may submit an agreement to the court for approval. If she does not agree, you may request a hearing based on your reduction in income.
How Much Should You Be Paying?State Child Support Calculators
Based on your statements about joint physical custody and the reduction of both parties’ incomes, the court will evaluate whether establishing your child support obligation at $0 per week is in the best interest of the child.
Since child support belongs to the child, not the parent receiving the child support, then the court will determine whether the child will be adequately supported without the child support payments.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.