Fathers Rights, Ask A Lawyer on SingleDad

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Free Family Law Advice for Dads on SingleDad.com. Fathers Rights, Child Support Modification, Paternity,Spousal Support, Visitation rights for Divorced Dads.

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Divorce
Question
:

I am
currently unemployed and want to know how quickly I should file a
child
support modification
request? I do have a job that begins in about 6 weeks, but I will
be making half of what I used to make.

Answer from Cordell
& Cordell
lawyer Erica
Christian:

There are
many factors that you should consider when determining when to file.
First, you need to know what the courts in your jurisdiction use for
determination of income. Courts vary from state to state and even county
to county when it comes to determination of income.

For example,
some Courts will average your earnings over the past few years, some will
average your last two months of paystubs, and others will use the income
declared on your most recent tax return. You need to contact a
divorce attorney for men in your area to find out how the Courts in
your jurisdiction tend to determine support. The answer to this question may
control your decision of when to file, as you may need to wait a certain period
of time before filing.

Another
factor to consider is whether the Court backdates to the date of filing.
Many jurisdictions will backdate the
child support amount to
the date you filed the motion. Sometimes it can take weeks and even months to
get before the Court on a modification due to the number of cases the Court has
to process. In the meantime, you are responsible for paying the existing
support obligation.

However, if
the Court modifies the support, you may be entitled to a credit for payments
you made beyond this amount since the date of filing. Not all counties
backdate, therefore, you should discuss this with your attorney.

To schedule an appointment with a Cordell & Cordell mens divorce
attorney, including
Wisconsin Divorce Lawyer Erica Christian, please contact Cordell & Cordell.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”