I am concerned that my income may be reduced significantly in a few months, and I am about to sign my divorce settlement. What can I do? I don’t want to lock into a support payment that I cannot afford?

Unless there is an agreement to the contrary, child support is based upon a mathematical formula that is based upon your previous 12 months of income. However, if you anticipate a decrease, there should be a provision set forth in the Judgment, which requires the parties to exchange paycheck stubs with the formula being recalculated. It can even be done without an attorney. A provision can provide that both parties will make an appointment with the Self Help Center at the courthouse, which is free, to run the numbers once the decrease in income occurs with the child support amount automatically lowered.

John Gilligan is a founding partner at the family law firm offices of Brandmeyer Gilligan Dockstader & Davidson, LLP in Long Beach, CA. John has over 30 years of experience handling family law, probate litigation, and estate planning matters. He can be reached directly at 562-431-2000.