Legal Question in Family Law in Kentucky
I make 58K/yr as an E-5 in the Air Force. I have decided once my contract expires in July 2013, I will not re-enlist. I will be making substantially less once I get out while I finished up my degree. I will be making around 36K/yr once I get out. My current lawyer is telling me that I cannot get my child support reduce once I am out because it is not based on my ACTUAL income but rather my earning potential, which is 58000, since that is the most I've made since working. I find this hard to believe but would like an educated second opinion to confirm or deny what he is telling me. I currently pay $859/mo. in child support, I have no rearage, and in current standing. My custody case is being handled in Kentucky. Any advice would be greatly appreciated.
1 Answer from Attorneys
Your current attorney makes a valid point, however, the facts of each case have to be considered by a court. In this situation it is important to know who the judge is that will hear your case as sometimes that can have some bearing depending on how a judge has ruled in the past. You need an attorney who has been in front of your judge several times before and can give you advice as to how the judge will rule- whether this is your current attorney or another. While child support is supposed to be based on your actual earnings, an argument could be made that you voluntarily left a higher paying job and thus have the ability to earn a higher pay but you chose not to do so. Facts that could help you is if as a civilian you would be in the same line of work, why you left the military job (to better yourself, avoid possible deployment, etc.). I would discuss this matter further with an attorney.