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Jessica
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AttorneyA, Expert
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When was the ordered issued, typically you can file an appeal of any order within a certain amount of time.
AttorneyA, Expert
AttorneyA, Expert
Well a person can change their mind on that especially if you are making more money that allows for more child support. Even though a person says they will not pursue it, and then does will not change a Judges mind in that regard. If the amount is more than your income allows then you have argument there but if it is just because you do not want to pay that much then you may have a difficult time. Child support is based on calculations given whatever the state law allows.
AttorneyA, Expert
Why did you not attend the hearing? You will have to show why it would not be in the best interest of the child not to be with the mother. Many people have criminal records and still able to maintain custody of their child so just because a person has a record does not make them an unfit parent
I am not sure what you mean prove to the Judge. It is good that you were supporting your child but that does not take away from what the guidelines are in terms of what the amount of child support should be based on your income. The Judge is not going to remove an amount that is calculated correctly just because you had been paying child support before unofficially. It is the right thing to pay child support but it is always best to have child support by court order.
AttorneyA, Expert
If you plan to go back to normal hours then you can argue you will not be making the same amount of money. You will want to be specific on when that additional money will stop. If you continue to make that amount then I think it would be hard to convince a Judge that you cannot pay what was ordered but again if your hours change and you start making less then you can show what your amount has been reduced to for normal work hours. If you are still working those 60 hours when you ask for a modification again I do not know how a Judge will take that if you are still making the same money because there is no reduction in the amount. So to say you cant do the hours and continue doing them doesnt really help the argument to me.
AttorneyA, Expert
It is very admirable of you to pay for everything for her and your children as well. Child support is for the children and for their well being. There is no requirement that you do things for the mother but it is great that you do. If you are giving her extra in addition to the child support then you may want to think about that. You are obligated under the order to pay the child support amount that was ordered but not give her additional money for her bills so that is something you have to decide if you want to continue to do. The money for child support factors in their housing, clothes, food etc. If you stop giving her the extras in terms of paying all her bills and she cannot maintain a household etc then that gives you leverage because if she is not working and not doing her share then you have argument there that it is not in their best interest to stay in her custody if she is doing nothing to provide for them other than living off the child support and the extra money that you give her. Again you were ordered to pay child support not every thing else for her to maintain her lifestyle. I would think she would take some responsibility and work if she is an able bodied person.
AttorneyA, Expert
I hope everything works out for you as you decide how you want to proceed. If you want to try and file for full custody, you can consult a local Attorney who knows the tendencies of the Judges in your area on what you need to show to do that.