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To Modify or not to Modify?

bigmombigheart's picture

Submitted by bigmombigheart on Tue, 09/27/2016 - 12:52pm

Recently DH had an accident broke leg and ankle also discovered heart problems. Doctors are saying it will be at least 5 months b4 able to get back to work. He just applied for Disability I am sure it won't be as much as he was making $8500 monthly. Maybe even half. He has 50/50 and is paying child support $400 only bcz BM income was lower than his. Now that the next few months will be tight should he modify also he may be receiving just as much as she does now so more likely that there will be no CS for the next 5 + months. In california you can have your kid equally as other parent and still be required to pay CS bcz you're income is greater than OP

Comments

Maxwell09's picture

Submitted by Maxwell09 on Tue, 09/27/2016 - 1:00pm

It depends if your DH's injury is going to prevent him from getting back to making the same amount of money once he has healed and gone back to work. If its just a temporary inconvenience then ask the judge to lower the payments for 6 months and then tack on the difference in addition to the following months once he has returned back to work. If the damage to his foot and health are permanent then go for a complete modifications based on his new income knowing that he will never make 8500 per month again.

Just J's picture

Submitted by Just J on Tue, 09/27/2016 - 1:21pm

Tack on the difference? Why? The OP's DH isn't going to get the difference tacked on to his pay once he returns to work. I say go for the downward modification and agree to go back to the original amount again once (if) he goes back to his original pay when he's recovered.

Maxwell09's picture

Submitted by Maxwell09 on Tue, 09/27/2016 - 2:34pm

He doesn't know for sure if its a temporary decrease or temporary decrease. And I suggested offering to tack on the difference if it will get the BM to agree to temporarily to lower it. Given court costs and attorney fees if she fights him on it, it might be more affordable to just add another 75$ back to the original amount once he returns until he is caught back up. I think a judge would be more willing to decrease his amount now if he shows that he is willing to make it back up later IF ITS TEMPORARY. Obviously if his health prevents him from going back to work or back to the job giving him 8500$ a month then he needs to modify to lower and stick with that from then on out.

bigmombigheart's picture

Submitted by bigmombigheart on Tue, 09/27/2016 - 1:42pm

He's not getting paid to be off he has to apply for Disability it will be for several months he cannot return to work

Thumper's picture

Submitted by Thumper on Tue, 09/27/2016 - 1:48pm

Modify asap.

Truth is although he intends to get back to work in several months set backs do occur.
I disagree with telling the judge to make IT UP by tacking it on to resumed cs.

Sorry Maxwell, there again we can not forecast the future. Right now it needs to be modified plain and simple, no promises made otherwise he could be in $$trouble.

jmo

Newstep's picture

Submitted by Newstep on Tue, 09/27/2016 - 2:45pm

Being in CA they will determine what he is capable of earning as well. With income of 8500.00/mo he was paying 400.00/mo?? BM must make about the same as him monthly?? Just wondering because SO makes close to that, has 50/50 custody and he pays a lot more than that every month and the BM in our case doesn't work so her income is ZERO.

bigmombigheart's picture

Submitted by bigmombigheart on Tue, 09/27/2016 - 5:54pm

BM works too making half of what he makes. If she made the same amount as DH then there would be no CS. Physically he cannot work so I don't they can factor how much he canake right now. By the time they go to court he will have disability income to factor