Legal Question in Family Law in Tennessee
Chld support reduction
My ex and I divorced several years ago, and I granted her custody of our two daughters to keep the peace and keep my children from being cought in the middle of any legal situation. A couple years later, she took my kids and moved to Arizona with my daughters and her new husband (they have since divorced). Again, I said nothing to keep things positive for my kids.
I'm an entertainer, and I had a great steady job for 10 years. I have never missed or even been late for a child support payment in those 10 years. I have actually been paying more than was decreed for the last few years out of a sense of duty for my children, and my ex claimed she needed it.
Now my great job is over, and I'm unemployed at the moment, and paying my support out of my savings. I'm looking for employment that will be close to what I was making so that I can continue the same payments. It's looking like that won't happen and I'll have to take a job for much less than before. My ex is desperate and says that she can't survive without the same money no matter what job I have.
Should I have my payments reduced in court immediately, and can she take money from any investment portfolio that I have, no matter how meager?
Please, I need advice. Thank you!
2 Answers from Attorneys
Re: Chld support reduction
If there is a significant variance from what you are ordered to pay and what the Child Support Guidelines say you should be paying, then you likely would be entitled to a modification. If you are willfully or voluntarily unemployed or underemployed, you might not be entitled to a modification. You should speak to an attorney. Generally speaking, each month that goes by requires you to pay the old amount of child support whether you are working or not. It is unlikely you will be able to retroactively modify child support. Thus, if you want future child support modified, you should probably speak with a lawyer and look into filing a petition to modify. Best of luck.
Re: Chld support reduction
In TN you can only reduce your support obligation if you become unemployed through no fault of your own, e.g. lay off, down-sizing, personal injury, illness, etc. Unfortunately since you have a history of earning a certain amount, you will be required to pay support based to that amount unless you can show some event (injury, etc.) that changes your earning capacity. AND your support obligation is based on ALL income, not just your earnings from a job. Interest and dividend income is all subject to child suppport. You may need to seek a lawyer who can go over your entire income/earning ability. You certainly do not want to go to court expecting to get a reduction in suppport and end up paying more.
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