Frequently Asked Questions About Divorce
- "I've been ordered to pay an amount of child and/or spousal support that I can't afford. What are my options?"
Divorce attorney Stacy Phillips answers: "If the court has ordered that you pay a specific amount, you will have to pay it unless and until your ex agrees to a different amount or the court orders a different amount after you file the appropriate request. But although you claim you cannot afford the support, the judge may not agree with you. Thus if your financial circumstances have changed, you can file for a modification of your support order. Call your attorney, let him/her know what those changes are, and express to him/her your wish to file for a modification.
What typically happens is that your lawyer will provide you with an income and expense declaration form that you must fill out. You may recall this document -- it is the same one you filled out when you first filed for divorce..."
- "How can I get out from under child support for an adult?"
Divorce lawyer Steve Mindel answers: "It sounds as though your child's mother is unable to control your son. Her decision to let him drop out of school clearly shows that she doesn't have the ability to parent him. You should meet with a Certified Family Law Specialist in your city to discuss how you can get custody of your son and put him on the right track.
In most jurisdictions, the requirement to pay child support for an adult is based on the child's having severe disabilities. Your son's specific disabilities may qualify him for special programs through your state or local government that may help him become a productive, self-supporting member of society. Perhaps your attorney knows of such programs available in your neighborhood..."
- "What if my spouse doesn't pay child support he or she has been ordered to pay?"
Robert Brandt, a Certified Family Law Specialist answers: "Child support orders come into effect through either settlement, which includes a stipulated order, or a contested hearing and/or trial in which the court enters an order after hearing the evidence. It’s most unfortunate if the payer doesn’t make the required payments, after the parties have incurred time, inconvenience, and in many cases, escalating fees to bring about the order. You may wish to consider some of the following remedies:
- Earnings Assignment Order for Support
You should consider using this device right after the court makes the order for support. It requires the employer to deduct child support and pay it directly to the supported parent..."