“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?”
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 pay check 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 Gillian is a lawyer at Gilligan Law Corporation in Long Beach.