Support Modification question from 7 mo unemployed

[helpmeplease01]

I have been unemployed since 11-09 and have continued to pay my court ordered support in full and on time. I have recently considered requesting a modification due to my lack of income. The question is this: does the court use unempolyement income only (it can be proved), or will last years tax return information be considered as well to determine the new amount? The reason I am asking is that last year I received more income that when the support was originally set in 2002 and cannot afford for my payments to go up.

 

[Proserpina]

Is it for child support or spousal support?

 

[helpmeplease01]

Child Support

 

[army judge]

I have been unemployed since 11-09 and have continued to pay my court ordered support in full and on time. I have recently considered requesting a modification due to my lack of income. The question is this: does the court use unempolyement income only (it can be proved), or will last years tax return information be considered as well to determine the new amount? The reason I am asking is that last year I received more income that when the support was originally set in 2002 and cannot afford for my payments to go up.

Your best source of information for this question is the attorney that represented you in your original case.

Barring that, the next best person would be an attorney that practices before the court where you would request your modification.

I can say that I've seen courts look at your recent income sources.

I've seen courts take the representation of your attorney that you are in dire financial straits, because you are unemployed.

I've also seen courts do a form of income averaging, to include your current lack of steady income.

You also know (or will soon learn), that unemployment will SLOWLY dry up, unless congress acts to extend it before the July 4 recess.

That will also affect your ability to pay your support and live your day to day life.

The Texas Workforce website has some information on extending current benefits.

It is different, of course, for each person receiving UI.

Before I did anything, I'd speak with my former attorney, or an attorney that practices before the District Court where you would seek a modification.