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Reduction Of Support

Discussion in 'Alimony & Spousal Support' started by secondwife, Jan 11, 2002.

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  1. secondwife

    secondwife Law Topic Starter New Member

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    MY HUSBAND'S DIVORCE DECREE REQUIRES HIM TO PAY 20% OF
    HIS GROSSS INCOME FOR CHILD SUPPORT. HE NO LONGER MAKES
    THE $$ HE DID WHEN GOT DIVORCE (MUCH LESS) & WE A HAVE A
    CHILD TOGETHER. IS IT POSSIBLE TO GET A REDUCTION IF HE OWES BACK SUPPORT IN DAYCARE EXPENSES? *** NOTE***
    HE HAS NEVER MISSED HIS CHILD SUPPORT PAYMENTS, ONLY
    HIS DAYCARE EXPENSES... WHICH IS A SEPERATE COST HE AGREED TO IN HIS DECREE. HIS DIVORCE WAS IN THE STATE OF ILLINOIS !
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Why are you seeking a reduction? That is unusual and could have significant effects. A court may need to approve this since child support is for the benefit of the child. Why doesn't your husband petition the court to reduce the support amount?
     
  3. secondwife

    secondwife Law Topic Starter New Member

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    not me... my husband is

    my husband is the one seeking a reduction from his first marriage
    because we are married now & have 1 child together. he lost his
    job this past year & had no choice but to take a lower paying job
    (about $20k less)
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Every case varies by their specific facts. The court usually begins its analysis by starting out with the needs of the child, not how much money the parents/spouse are making. Any reduction that would materially affect the welfare of the child would likely be subject to a good amount of scrutiny prior to approval.
     

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