Divorce,Lawyer,Ways,Louisiana, law Divorce Lawyer: Ways in Louisiana Child Support May Be Modif
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
When dealing with child support, a divorce lawyer often hasto tell prospective clients that they cannot seek modification of childsupport. Sometimes people want to modifychild support payments so that they can save up to buy themselves a new car. Such modification should not be granted. Only the court will acknowledge a good faithchange in material circumstance. But ifyou lost your job and cannot find you work, your case may warrant amodification in child support.When one loses his or her job, he or she may be unable topay child support. If this is the case,you may be asking your divorce lawyer what I can do to lower my child supportpayment. Well, in order to seek amodification in child support payment, you must petition the court and be ableto show a material change of circumstance. A material change of circumstance isa change of financial status not caused by the obligors voluntary pay cut. For example, lets say Harold was a doctor making $500,000 ayear when he was ordered to pay child support. The court ordered him to pay $7,000 a month. However, due to slow business, he was laidoff. He had to get a job waiting tablesto make ends meet. As a result, he wasmaking $45,000 a year. Harolds divorcelawyer will likely argue that going from making half a million dollars a yearto making $45,000 is certainly a material change of circumstance. As such, he may petition the court to lowerhis child support payment for the time being.Lets look at another example that a divorce lawyer couldface. Harold was a tenured law professormaking $145,000 a year. Based on that, he was paying $5,000 a month in childsupport. Fed up of paying child support,he decides to quit his job as a professor and goes to work for a gas stationmaking minimum wage. He then seeks tomodify his child support payment. Unfortunately for Harold, his child supportpayments will not be modified because he voluntarily chose to make less moneyfor the purpose of evading child support payments. This does not constitute a materialchange of circumstance.Nevertheless, a party not being employed or beingunderemployed through no fault of his own should not be considered to bevoluntarily underemployed or unemployed. Also, material changes of circumstances do notmean an ex spouse can petition a court for modification on every little changethat happens in their income. Lets sayfor example, Harold is making $75,000 a year. Based on that, he is paying child support. However, his stocks lost some value due to therecession. He now consults a divorcelawyer to lower his child support payments. A court may not consider this change to bematerial. If he lost a significantportion of his savings to the stock market and has no additional income comingin, then he may have a claim. But if heis still making $75,000, a court will be hard pressed to lower his payments.When dealing with issues of child support, it is veryimportant to know the issues in which a court takes into consideration. Once a judgment of child support is ordered, amaterial change in circumstances is required for a person to modify the childsupport payment.All the above isinformation; it is not legal advice. Attorney Will Beaumont practices in New Orleans, La.
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