Child support award based on employment


My baby's father is currently employed and pays child support regularly. I just found out he receives partial disability (60%) as a veteran and soon to be fully retired from the army. Our original CS order through the attorney general has not been modified in over 5 years so he only pays accordingly to his employment status only, not his VA disability. Can I ask the court to modify for an increase to include his VA disabilty income? When would be the best time to attempt the modification , ex... When his retirement is complete?

Jim's Reply:

Each state has a set of rules that apply when seeking a modification to an existing divorce decree. You can contact the clerk of court and ask about that and the forms you'll need to file pro se...representing yourself. Timing is everything so I agree that you'll want to know that all his finances are in order. It may take awhile to get in front of the court though, so start the process now.

  • PS from Stateside Legal:  You can also contact your local LRS provider using our "Find Legal Help" directory  and ask if they would provide a free or low-cost consultation to you about these questions.