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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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
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.
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.
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
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.
Richard “RJ” Jaramillo, is the Founder of SingleDad.com,
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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
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