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  1. #1
    Join Date
    Feb 2009
    Posts
    26

    Default Ex Seeking Relief of Support Due to Unemployment

    My ex-spouse and I have been divorced about 2 years. We have a judgment that states he is to pay $1,000 per month in support. There was an IDO and so up until now it was deducted automatically from his paycheck.

    Recently he was put on "leave without pay"- his company is up for a government contract renewal and so right now he is not working and is not receiving pay. He is requesting the court to give him 60 days (or when he finds employment) of child support relief.

    I have already spent $14,000 in attorneys fees for the divorce and right now I cannot afford to have an attorney. So, I have to file an answer with the court and have 20 days to do so.

    My question is, is it normal for relief to be granted in situations such as these? I know he has liquid assets (cash in bank), a 401(k) on which he can draw, and even owns another company. Plus, with his expertise he can find another temp or contract position until he finds permanent employment. He even has retail experience so as a last resort could find employment in that field as well (even if just temporarily).

    If anyone can advise me as to the best course of action I should take, I would greatly appreciate it. Is there any certain verbiage I can include in my response that might have a positive effect on my case? I really cannot afford to go without child support for two (or more) months. Almost half of it goes just to my daughter's preschool/daycare.

    Thank you in advance for your help.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ex Seeking Relief of Support Due to Unemployment

    Quote Quoting boozapian
    View Post
    My ex-spouse and I have been divorced about 2 years. We have a judgment that states he is to pay $1,000 per month in support. There was an IDO and so up until now it was deducted automatically from his paycheck.

    Recently he was put on "leave without pay"- his company is up for a government contract renewal and so right now he is not working and is not receiving pay. He is requesting the court to give him 60 days (or when he finds employment) of child support relief.

    I have already spent $14,000 in attorneys fees for the divorce and right now I cannot afford to have an attorney. So, I have to file an answer with the court and have 20 days to do so.

    My question is, is it normal for relief to be granted in situations such as these? I know he has liquid assets (cash in bank), a 401(k) on which he can draw, and even owns another company. Plus, with his expertise he can find another temp or contract position until he finds permanent employment. He even has retail experience so as a last resort could find employment in that field as well (even if just temporarily).

    If anyone can advise me as to the best course of action I should take, I would greatly appreciate it. Is there any certain verbiage I can include in my response that might have a positive effect on my case? I really cannot afford to go without child support for two (or more) months. Almost half of it goes just to my daughter's preschool/daycare.

    Thank you in advance for your help.
    If he can prove that his income decrease is involuntary it's likely that he will be granted the decrease. especially when he is only asking for a temporary decrease.

    Of course you should request that he prove that he's making a diligent job search. However, even in intact families it is becoming more difficult to make ends meet because of the economy, so it might be hard for him to find any job at this time. I know it's rough, but this is probably just one of those things that can happen and you'll have to budget accordingly.

  3. #3
    Join Date
    Nov 2009
    Posts
    256

    Default Re: Ex Seeking Relief of Support Due to Unemployment

    Courts will typically modify a support order when one party can show a change in circumstances.

    Loss of employment definitely qualifies as a change in circumstances.

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