Any lawyers out there?

[purepolly]

I know child support can be modified due to loss of income. But what if an ex chooses to loose the income?

 

[EagleKeeper]

It is up to the judge to ammend the original order.

It all depends on the presentation of facts

 

[purepolly]

So what might be the best scenario in this case.

Ex has always done very well at career (20+ years of increasing income). In 2005 I took him back to court for child support modification, which increased his payment from 10% to 25%. The state minimum should be 30%.

The ex has a long history of undocumented mental illness which was one of the reasons for the divorce, adultery and addictions were also factors. When I divorced I just wanted him out of the house with no aggravation so I just went with the low child support payment. After the divorce, I know the ex has pursued treatment for his mental health issues, but with little effect. The psychiatric center he uses has a history of medicating rather than curing, and his diagnosis also has a low cure rate.

So back to the child support, during the 2005 modification, the ex couldn't "cope" (probably due to the increase payment) and went out on stress leave for several months, which of course was the reaon for the modification.

So is this a valid reason for a modification? What can I do about it (other than refile a new modification every other year)?

 

[purepolly]

Oh, and I have a call in to my lawyer, but with it being a holiday I'll have to wait at least l tomorrow to get any info.

Thanks in advance,