Modifying Child Support Based on Reduction in Income

[LA Girl]

My question involves child support in the State of: Louisiana

I currently pay my ex husband support. When the child support was set, we had a nearly equal income, we have shared custody, and he pays for the children to attend a private school. Over the last two years, I no longer have the job I did. I am now earning 1/3 of the salary the court system has on file.

I went back to school after withdrawing my retirement and I was told by the court I wasn't allowed to leave my job to pursue further education, and they left my salary as is. Even so, when they support form was completed, based on his income and annual increases in salary, it showed the support responsibility should have shifted from me to him. The courts would not change it because "the change was not significant enough."

So, after finishing school and starting a new career, I am now earning a much lower salary since I am just starting out. We also recently sold the home we shared. My ex husband paid the mortgage in lieu of spousal support. I no longer receive those funds either. I am now renting a house. When the home sold, I received about 1/10 of what he received. If I go back to court to have the support modified, do I stand a chance at all of receiving support? I haven't had good luck with the court system here, obviously, and before I head back I would like to know what my options are legally and would love to know why I've had to pay for the last two years when the worksheet claimed he should have been paying me.

[llworking]

My question involves child support in the State of: Louisiana

I currently pay my ex husband support. When the child support was set, we had a nearly equal income, we have shared custody, and he pays for the children to attend a private school. Over the last two years, I no longer have the job I did. I am now earning 1/3 of the salary the court system has on file.

I went back to school after withdrawing my retirement and I was told by the court I wasn't allowed to leave my job to pursue further education, and they left my salary as is. Even so, when they support form was completed, based on his income and annual increases in salary, it showed the support responsibility should have shifted from me to him. The courts would not change it because "the change was not significant enough."

So, after finishing school and starting a new career, I am now earning a much lower salary since I am just starting out. We also recently sold the home we shared. My ex husband paid the mortgage in lieu of spousal support. I no longer receive those funds either. I am now renting a house. When the home sold, I received about 1/10 of what he received. If I go back to court to have the support modified, do I stand a chance at all of receiving support? I haven't had good luck with the court system here, obviously, and before I head back I would like to know what my options are legally and would love to know why I've had to pay for the last two years when the worksheet claimed he should have been paying me.

You can certainly ask for a modification. Since you now have a set wage and its no longer necessary to impute an income to you, you might fare better this time around.

[CourtClerk]

Stand a chance of receiving support for yourself or your children? If for you, how long were you married? Was it a covenant marriage?

If for the children, what does your current order say? If your ex husband has the children the majority of the time, you need to pay support.

[LA Girl]

Support for the children. For me would be helpful (we were married for 7 years) but I'm not expecting it. We have shared custody and are supposed to have as close to 50/50 time with the children as possible, but they are with me most of the time. And part of the time they are with him, he's working and the live-in girlfriend takes care of them when they could be at home with me.

- - - Updated - - -

The court order says I should be paying, but the worksheet they calculated for that order says he should be paying. However, that order is from two years ago when I had a different job makes 3 times what I'm making now and he's making more now than he was then.

[Dogmatique]

No matter what, it needs to be modified to reflect your 3x increase and Dad's ... whatever increase.

Here's some info - if you're not in Baton Rouge you'll have to find out if the same forms can be used or not.

http://www.familycourt.org/main/insi...help_resources

(Scroll down for pdf files.)

Alimony is decided by certain rules (some of which seem to contradict each other, but there we go); you can read here for a start:

http://www.divorceinfo.com/lafaqsalimony.htm

Of course you can always Google, and there are myriad attorney sites.

[LA Girl]

Thank you for the links. Just to be clear though, I didn't get a 3x increase. I'm making 1/3 of what I used to make. I've taken a reduction in pay. That's why this is so important.

[EA1070a]

Thank you for the links. Just to be clear though, I didn't get a 3x increase. I'm making 1/3 of what I used to make. I've taken a reduction in pay. That's why this is so important.

Just so you know, the court may hold you to the higher salary if the reduction in pay is deemed voluntary or if the judge believes that you are underemployed.

[Dogmatique]

All I know is that in Louisiana*, many of the family laws appear to come from a whole different planet than those of the other 49 states. OP, you should honestly run the numbers to give yourself a fair view of what might happen.

Seriously guys - Weirdest. State. Ever.

*Nonetheless a lot of fun and we love Drew Brees.

[EA1070a]

All I know is that in Louisiana*, many of the family laws appear to come from a whole different planet than those of the other 49 states. OP, you should honestly run the numbers to give yourself a fair view of what might happen.

Seriously guys - Weirdest. State. Ever.

*Nonetheless a lot of fun and we love Drew Brees.

That's because they follow Napoleonic Law instead of English Common Law.

[Dogmatique]

That's because they follow Napoleonic Law instead of English Common Law.

Must not snark Must not snark Must not snark Must not snark Must not snark Must not snark Must not snark

(Apologies, OP. Everyone makes fun of me for being English.....was trying to make sure that didn't happen to my French friends. Yes, that's it. Mmhmm)