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    Molino693's Avatar
    Molino693 Posts: 2, Reputation: 1
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    #1

    Nov 7, 2009, 03:03 PM
    Support Modification
    My divorce was final on 5/21/09. At that time my former spouse was making twice my salary and now claims he is making half of mine due to he is a self employed contractor. He can hide his income and works for cash. I cannot do that through my employment. He doesn't seem to be struggling because he still seems to have money to litigate this matter and go to desert and play on his toys which require gas, food and lodging to do so. Anyway, support was 397/child and 703/spousal. He has offered $400/month total at this time, and rather than go to court, I agreed to $400/child and 0 spousal until he regains employment. His attorney sent a stipulation but it says $0 spousal until 2012 (the year it will end) and does not indicate anything about regaining employment. Is this necessary and will it effect modification of support at a later date if it doesn't have that statement in it? How should it be worded if anyone can help me. I cannot afford an attorney. He has not paid me child support or daycare reimbursement in over 4 months. I want to make sure I'm protected before I sing this document. I appreciate anyone's help and input. I'm single Mom with limited income. Thank you.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #2

    Nov 7, 2009, 07:37 PM

    You can't afford to NOT have an attorney.

    Call around your area and see if you can find one that will work on a sliding fee scale to help you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 7, 2009, 07:52 PM

    Normally support will not be modified in court for 2 to 3 years unless they can prove a serious change in income. And 400 a child is a laugh that is less than a person making 10 dollars a hour pays here in GA.

    So he is cheating you because you trusted him or felt scared by him.

    You needed to go back to court with him, or bluff, he will have to explain his life style if he is that poor.

    Don't sign anything, without an attorney, as noted, that 700 dollars a month you just gave away for no reason would have paid for a good attorney over a few months
    josh01's Avatar
    josh01 Posts: 12, Reputation: -1
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    #4

    Nov 9, 2009, 08:12 PM

    I completely agree, YOU NEED AN ATTORNEY. I would call the legal aid in your area if you cannot afford one. They can advise you without cost.
    Do not sign anything without an attorney reading it first.

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