Question:
HI I am US NAVY veteran I am in need of legal services in regards to child support. I do pay child support for my 2 boys ages 8 and 10 and I also provide health insurance for both boys. I work for the city of XX board of education as behavior specialist for 10 years. Every two weeks, child support is taking out of my check. However, XX only provides me with 10 months employment, so for July and August I have to get a seasonal job that doesn't provide me with the same income,so I pay what I can for child support and the boys do have have medical insurance throughout the summer and beyond through my city job. Every June, I email the state to inform them my 10 month employment has ended and I start back at the end of August. I have also requested an income review because my income changes during summer. I have also submitted paperwork for child support adjustment just for July and August and the state hasn't responded to either request. From what I understand, income review are suppose to take place every 3 years however that's not happening I'm being threatened to come up 800$ by X datet. I return to my regular job august 29th, at that point regular child support will resume and I have explained this to the state. I'm not trying to get out of paying. I love supporting my boys. I also spend time with them 3 days a week, I take them out and would do whatever they want and I do spend additional money, but I don't care because they are my kids. I just want to be treated fairly. Can you please help me in this matter Thank you.
Jim's Reply:
It's my experience that a child support order can not be modified without the approval of the court that has jurisdiction. When you told me that you paid what you can during the summer months, I felt a chill. Most support orders tell us to submit (x) dollars to the state child support entity where it is recorded and disbursed. If you aren't paying the entire amount. I have to assume arrearages are building up somewhere...they never let those things get past them.All I can offer is that if you believe that you're paying a fair amount, you'll have to budget better for the months where you may not have as much as you need. Otherwise you need to return to court and seek a proper modification of the stipulations regarding the details and amount of the support order.
- PS from StatesideLegal: Use our Find Legal Help directory to look for the LRS provider close to you and request a low-cost consultation with a lawyer experienced in child support issues.