Legal Question in Family Law in Georgia

modification of child support

My ex lost his job and now makes 1/2 the money working 40 hrs a week. He has filed for modification to reflect a new child support payment based on present income.

I am working somewhat full time as substitute teacher and indipendent contractor with Dept. of Ed. while waiting on a school contract, but my pay is not stable as if I don't get called, I don't get paid; I also have no benefits at all. I need to keep these jobs as they open doors and allow principals to know me. I cannot get a night job along with the other two because I have two children at home. In the years we have been divorced, I never filed to have child support increased, and he has never paid any extra (aside from the first year before he remarried). If he paid all that he was supposed to pay (of the extras included in the divorce paper) he actually would owe me money. The two of them, even now, make more working a regular 40 hrs job that I will ever make. I am considered to be below poverty line; this pending request, will place an even greater hardship on the children. He claims he is close to filing for bankruptcy and that is why he has to file for modification.

Can he be ordered to go get a second or better job? Can his wife's income be included?


Asked on 10/01/05, 7:11 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: modification of child support

No. No. Support is ordinarily determined by a percentage (~20%) of his income.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

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Answered on 10/03/05, 9:07 am


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