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    scottklein's Avatar
    scottklein Posts: 4, Reputation: 1
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    #1

    Jul 1, 2009, 04:28 PM
    Child Support Modification
    My divorce was finalized in June of 08. My child support was set at 24% of my income which was on the high side for Georgia guidelines. 60 day's after my divorce was finalized I lost 40% of my income. I went from paying 24% to 40% of my income for child support. I filed for a modification in December of 08 through a local attorney. My court case was the end of April of 09. Long story short, my modification request was denied and now I'm stuck paying over $3,000 a month for child support, alimony (non modifiable), insurance, and out of pocket medical expense. What are my options?

    You can read all the details at: My Child Support Modification Story
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 1, 2009, 06:19 PM
    Sorry, sounds like a sore loser to me. I looked at your income level, even the one you rated at the 58,000 K **** I think since it was on a separate link.

    Next I can't even see a question here just a lot of sour grapes since you were held responsible for what sounds like normal support in GA.

    First you will pay about 25 percent of your GROSS pay in GA for ONE Child, not two, it goes up when you have two children. And have no idea why you think this is to a high side of anything, that is in fact normal and average

    On top of the percentage, you will have to help pay child day care and also medical costs.

    So a person making 10 dollar a hour will still pay at least 400 a month.

    Child support in GA is off a basic forumla, your attorney should have had a copy of it, and knew to the penny what was the min you would have to pay.

    For the attorney, sorry 5000 dollars gets them into court a couple times, again sounds like you did not ask and as you keep having them go back and back to court, "assumed" some facts not true on the billing.

    It sounds like you got exactly what normally happens in family court.
    scottklein's Avatar
    scottklein Posts: 4, Reputation: 1
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    #3

    Jul 1, 2009, 06:52 PM
    So in other words there really are no grounds for modification then based on what you're saying right? I went from $8,300 in income down to $5,000 and my child support should stay the same? I've read anywhere between 10-20% reduction in income qualifies for a modification. "A substantial change in circumstances" is another qualifier for a modification. If a 40% change in income doesn't qualify then what will? I'm sure if my income went up 40% and my ex took me back to court, there would have been a modification.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 1, 2009, 07:04 PM

    Apparently the court didn't agree with you. So, unless you feel you have grounds for appeal, then grin and bear it.
    scottklein's Avatar
    scottklein Posts: 4, Reputation: 1
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    #5

    Jul 1, 2009, 07:15 PM
    I think there is grounds for an appeal, but the problem with that is it cost money which I don't have much of right now. Grinning and bearing it doesn't sit real well with me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 1, 2009, 07:22 PM

    Normally a income reduction like that would be, unless the court felt that you caused your income to go down on purpose, Or for self employment were perhaps hiding funds ( not saying you did) but this is reasons to be denied.

    And to be honest 30 or 35 percent on two kids ( know you said 40) but the 30 plus is not uncommon at all. And that is of gross, not net, which takes up to 45 or more of net income on the actual check. I know many cases of almost 50 percentm, here in GA.

    Fulton County is a over worked and under funded court system. On days of hearings you will have dozens of families lined up in the hall ways downtown. ** and heaven help on days one of the security screen machines are down getting into the court house.

    They push very hard at getting the couple to work things out in mediation.

    But most courts in the US still rule more toward the women.

    I had one ( many years ago) where the women was basically a hooker, bringing men home to her bedroon for money with the minor kids in the home. She then left them alone for long periods when she was out. There was trash, beer bottles everywhere in the home, even bags of trash piled down the hall way.

    All of this was proved in court, with photos, names and more.
    Guess what the man still lost custody.
    scottklein's Avatar
    scottklein Posts: 4, Reputation: 1
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    #7

    Jul 1, 2009, 07:47 PM
    The system is obviously in need of reform. I'm sure that when my divorce was finalized, my child support wouldn't be $2,000 a month on income of $5,000. I had all my ducks in a row in court but my attorney was lame and wasn't able to overcome opposing councils argument of my alimony going down $600 as of June 1. Like I said earlier, if you can't get a modification on a 40% reduction in income what then where does it need to be?
    oknitesky's Avatar
    oknitesky Posts: 7, Reputation: 1
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    #8

    Jul 8, 2009, 05:20 PM
    I too am working on modification of alimony and child support. My initial payments were agreed upon through mediation. I felt as if I was robbed also. I ended up paying 45% of my income. I have since lost my job, laid off. I have not found any work since, 4 months. Since it is improbable that I will find any work at my last income level I have filed for the modification. I am doing it Pro Se. It is tough but there are documents and guidelines to go by. It is still tough though. My alimony also was listed as nonmodifiable, but as you stated Fla. Law allows for modification in extreme circumstances. I am hoping my case works out. I would love to stick it to her and her boyfriends. Good Luck.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #9

    Jul 12, 2009, 10:24 PM
    Quote Originally Posted by Fr_Chuck View Post
    But most courts in the US still rule more toward the women.
    Agreed!:)
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #10

    Jul 12, 2009, 11:05 PM
    Quote Originally Posted by GV70 View Post
    Agreed!:)
    But most courts in the US still rule more toward the women.


    So I've been told. I've not noticed it.

    It's amazing to read comments like these from people who don't even work in the court system or have anything to do with it.

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