MO Child Support Modification

[ohiostate]

What is the name of your state (only U.S. law)? MO

My situation:
Divorced in 2007
Married for 10 years
CS is $1,000/mo. for 2 kids
Based on my $80k salary vs. ex-wife of $26k
Alimony (non-modifiable) until 2012 at $1,000/mo.
Unemployed for 3 months
Will be running out of money in late June?
Current mortgage payment $1,500

Question: Can I get my child support modified/reduced?
My attorney says yes.
My ex-wife says CS is non-modifiable.

 

[Just Blue]

What is the name of your state (only U.S. law)? MO

My situation:
Divorced in 2007
Married for 10 years
CS is $1,000/mo. for 2 kids
Based on my $80k salary vs. ex-wife of $26k
Alimony (non-modifiable) until 2012 at $1,000/mo.
Unemployed for 3 months
Will be running out of money in late June?
Current mortgage payment $1,500

Question: Can I get my child support modified/reduced?
My attorney says yes.
My ex-wife says CS is non-modifiable.

Why on earth would you listen to your ex wife over your attorney??????

 

[nextwife]

What is the name of your state (only U.S. law)? MO

My situation:
Divorced in 2007
Married for 10 years
CS is $1,000/mo. for 2 kids
Based on my $80k salary vs. ex-wife of $26k
Alimony (non-modifiable) until 2012 at $1,000/mo.
Unemployed for 3 months
Will be running out of money in late June?
Current mortgage payment $1,500

Question: Can I get my child support modified/reduced?
My attorney says yes.
My ex-wife says CS is non-modifiable.

Your ex is wrong. CS is indeed modifiable.

 

[CourtClerk]

CS is fluid and can be modified anytime there is a change in circumstance. Your situation... is a change in circumstance, so time to high tail it to the courthouse.

Oh, and never get your legal advice from your ex. Especially if that legal advice concerns her. Now, I give my ex pointers all the time, but nothing he does effects me.

 

[ohiostate]

Yea I know. I really did not believe what my ex said but I wanted to hear from the unbaised opinions on this great website.

 

[nextwife]

IMHO - anything that is NOT a property settlement should be modifiable.

After all, had the parties stayed together, their employment would not be guarantied, nor would their health. The lifestyle of which they were accustomed is not guarantied. All are subject to outside factors.

I see many intact households in which one or both have lost jobs, or become ill or disabled. There's nobody guarantying them they won't have to make any lifestyle or spending changes if the situation changes. And, YES, if one has lost a job, they spend less on their kids right now. It's OK for out kids to learn that life is fluid and that they don't have any ENTITLEMENT that guaranties them everything will always be the same financially. I have no problem telling my kid I just can't afford this or that right now.

Personally, I think non modifiable alimony is crazy. The payer's employment, the industry they work in, their health are all subject to "modification" by the world around them and their own health.

 

[CJane]

CS is modifiable in MO every three years or IF the income of one party has changed by more than 50%, and that change is projected to last for the long-term (an increase due to OT wouldn't affect CS, nor would a temp layoff).

There are other ways to get the mod done, but I'm betting you're not going to suddenly discover the children aren't yours.

You CAN use your attorney (or go pro se) and file in court, but it's kind of hard to go into court, paying an attorney to rep you, traveling to be there, etc and then claim you
can't afford CS.

You will be imputed an income in line with what you're capable of making. If that's deemed to be around what you were recently making (and it likely will be), then your CS is unlikely to change.

 

[ohiostate]

CJane: By the way, I live in MO.

How does it work in determining what I am capable of making in the current job market. Nobody is hiring in geographical area in my field of engineering. I am not sure when my job field will open up. So whether I am drawing unemployment at this point does matter?

I want to do what is best for my kids but I will soon be running out of money with $1,005 CS & $1,000 Alimony. I am still waffling on whether I should wait until I find any job - even is it is only $12/hour or so.

 

[CJane]

CJane: By the way, I live in MO.

How does it work in determining what I am capable of making in the current job market. Nobody is hiring in geographical area in my field of engineering. I am not sure when my job field will open up. So whether I am drawing unemployment at this point does matter?

I want to do what is best for my kids but I will soon be running out of money with $1,005 CS & $1,000 Alimony. I am still waffling on whether I should wait until I find any job - even is it is only $12/hour or so.

In my opinion? Pay SOMETHING even if it's not the whole amount. Pay the same amount every time. Try to pay at least 80% of what you're ordered to pay.

How often do you have your children?

What county are you in?

 

[ohiostate]

I plan on paying as much as possible if I don't go to court. After my savings runs out ..... I cannot pay 80% of $1,005 = $800 + $1,000 Alimony if my unemployment is $1,500/month. I wish I knew when the manufacturing sector of the economy is going to turn. It would make my decision easier.

I left out the word NOT in my previous question on a previous post. It should be "So whether I am drawing unemployment does NOT matter"? How is what you are capable of making determined in this current job market?

Live in St. Louis County & have my kids 2 nights/weeks.

Thanks for taking the time to respond.