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Child support downward modification because i am not working...but concerned about it

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J

jj200282

Guest
What is the name of your state? Florida

I would like to get a downward modification for child support because I am not working and cannot find a job at any capacity.

The thing that concerns me is that by the time the modification is granted, I might find a job for a few dollars more an hour than I was making before....

If the modification takes several months to be granted, could I run into a scenario where the person who is responsible for modifying the child support proceeds to raise my payment based on the new income?? Compared to before where the ex wasn't always trying to raise my payment? Thusly resulting in no total time where my payment was reduced

for example

I am not working for the month of June and July

I file for a downward modification based on unemployment.

I find a job in August for 2$ hour higher than the income decution is based on.

The income deduction order is reviewed in September. The person reviewing my income deduction order notices that I now make $2 an hour more at my new job, then proceeds to raise my support amount. Therefore I would have received no modification because i'd be currently employed?

Will the fact that I was not employed for 2 months not work for me once the request for modification is reviewed....and will I suddenly be ordered to pay more money based on the $2 an hour more job...because I naturally asked for a downward modification??...wheras if I just kept my mouth shut all of this time and somehow paid the impossible required amount all throughout my period of unemployment to resurface to the same payment amount.
 


3

3kidsmom

Guest
It usually takes 3-6mos for a child support modification. In this time period, if you DO find a better paying job, YES, they MAY raise your Support.

Good luck!
 
J

jj200282

Guest
wow...you actually understood what i was trying to say...thank you....
 

Grace_Adler

Senior Member
If you just get $2 an hour more, that probably will not be considered enough of an increase to modify. In many states the change in circumstances based on income has to be a change of about 15% to 20%.
 

ellencee

Senior Member
jj200282
If you don't pay the court ordered amount during the months you are unemployed, you are in contempt of the court order and could face serious consequences, including a denial of hearing a request for modification of support, interest added on to delinquent support, and or jail time.
 

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