My Pay Went Down but Still Paying the Same in Child Support

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Back to Divorce and Family Law Videos

Video Script Below

"My pay went down but I’m still paying the same amount of child support to my wife. What do I do? This is a huge issue, this happens all the time and the worst thing you can do is nothing. I’m Steve Kramer and I’m a Florida family law and divorce attorney. Like I said, the worst thing you can do is nothing because if you stop paying – well, you’re still on the hook for that money. And the court can take away your license or lock you in jail. And if you keep on paying, then you’re paying too much money. And now you can’t afford your rent, your health insurance, many other things that you can spend that money on.

What happens is, in a situation like this, you’ve got a substantial change in circumstances. Your income has dropped and what you’ve got to do is go into court and then modify that child support. And here’s the good thing about when you file one of these cases and why you don’t want to delay, is by filing you trigger it. You set a mark and the court can actually go back to the date that you filed and retroactively reduce your child support to that date. So you set a mark and if you delay it, you miss on that – means you can pay for 10 years and still be on the hook for all that. But if you file the case, now you’ve set the time. You’ve started the clock. The key is you want to make sure you pay that support because you don’t want to wind up in contempt of court. If you don’t pay – even though you’re not making as much money – you can lose your license or be locked in jail. And when we go in here to do a recalculation for the modification or try to figure out what you’re really supposed to owe, they are going to take a look at the new income.

At what your income dropped to and kind of figure out the formula and we’re going to get your child support reduced. And that’s really what you want. I’m telling you because I’ve seen too many people that have sat back and haven’t filed this case when they should’ve and they owed way too much money. And I’m talking about thousands to tens of thousands of dollars in back support. And I just don’t want to see that happen. Financially, it’s worthwhile. Get an attorney, get a modification filed, protect your rights. I’m Steve Kramer, thanks for watching."

Related: Child Support, Child Support Modification, Child Support Enforcement

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