Unemployed/Child Support

[soriam]

What is the name of your state (only U.S. law)?
I was currently unemployed and still paying $1600 (sometimes more) a month for child support for two children. I remarried and have another child. My wife unfortunately was laid off as well. We've been living off of unemployment. I used to be able to pay for child support from the rent in ny. I am a landlord. But now it seems that I am going to be needing to use that money as well. I live in Fl and I now rent. My mother died a few months ago and left me her house. I am trying to sell it to finally buy a house for my new family. I have assets but that is for my retirenment. My ex kept the house with everything in it. I understand I can get a reduction for the child support but my worry is that we went through a mediator and agreed with a fixed 3% monthly payments. Now if the court says I can pay less can she go after my assets even the house I am trying to sell to get her monthly child support? If I get a better job, better pay...can she go for more money if the judge allows me to pay less for the time being? Please help me.

[Isis1]

Originally Posted by soriam

What is the name of your state (only U.S. law)?
I was currently unemployed and still paying $1600 (sometimes more) a month for child support for two children. I remarried and have another child. My wife unfortunately was laid off as well. We've been living off of unemployment. I used to be able to pay for child support from the rent in ny. I am a landlord. But now it seems that I am going to be needing to use that money as well. I live in Fl and I now rent. My mother died a few months ago and left me her house. I am trying to sell it to finally buy a house for my new family. I have assets but that is for my retirenment. My ex kept the house with everything in it. I understand I can get a reduction for the child support but my worry is that we went through a mediator and agreed with a fixed 3% monthly payments. Now if the court says I can pay less can she go after my assets even the house I am trying to sell to get her monthly child support? If I get a better job, better pay...can she go for more money if the judge allows me to pay less for the time being? Please help me.

if the judge allows for a temporary reduction, and your income improves, then yes, mom can request a review for child support based on your new income.

if you are making the court ordered payments despite being in a financial bind, then mom cannot go after the sale of the house or your retirement assets. however, if you get into arrears by not paying your court ordered child support, then yes, mom can go after those assets to cover arrears.

[LdiJ]

Originally Posted by soriam

What is the name of your state (only U.S. law)?
I was currently unemployed and still paying $1600 (sometimes more) a month for child support for two children. I remarried and have another child. My wife unfortunately was laid off as well. We've been living off of unemployment. I used to be able to pay for child support from the rent in ny. I am a landlord. But now it seems that I am going to be needing to use that money as well. I live in Fl and I now rent. My mother died a few months ago and left me her house. I am trying to sell it to finally buy a house for my new family. I have assets but that is for my retirenment. My ex kept the house with everything in it. I understand I can get a reduction for the child support but my worry is that we went through a mediator and agreed with a fixed 3% monthly payments. Now if the court says I can pay less can she go after my assets even the house I am trying to sell to get her monthly child support? If I get a better job, better pay...can she go for more money if the judge allows me to pay less for the time being? Please help me.

Are you stating that your child support was originally only 3% of your income?...or did you mean something else by that?

You may be able to get a reduction, but if you only started out at 3%, and you have other assets, you may not get far with that.

And yes, if you get a better job she can file for a modification...and odds are that she will file for and receive, guideline child support.

Please clarify what you meant by the 3%. That could be important.