Friday, January 8, 2010

Support Too Much for Your Income?

With the economy being bleak this past year and the future not so bright that any of us need sunglasses, Ask a Divorce Lawyer's What are my options when child support is causing me to go broke? should have some interest.

Question: I am the father of two children with two different women. The children are 14 years apart. I am currently paying 56% of my income in support and am in dire straights. Is there a law in the state of Illinois of the amount I have to pay? What can I do?

Answer: ***
.... Most jurisdictions allow the parties to come back to court for a modification of the original order if there has been a substantial change in the circumstances which would include substantial increases or substantial decreases in income. Many jurisdictions also have a definition for “substantial.”
Indiana provides for a change of support when there is continuous and substantial change. Losing a job qualifies for that kind of change.

That means getting a petition filed with a court. Which means either doing it yourself or hiring a lawyer.

Before you say you cannot afford a lawyer, ask yourself if you can afford going to jail for contempt.

Make some calls - see who will take payments, who uses flat fees, who offers unbundled services.

If that is still too much, then the Indiana Supreme Court's website has two forms that you can use yourself:
Modify child support with an agreement on all issues
Modify child support without an agreement on all issues

Before you do that, watch Family Matters: Choosing to Represent Yourself in Court.

No comments: