I have an existing child support order from my time in the military. It states that I will pay a certain amount from a allowance. I am no longer in the military and wanted to know if I no longer receive that allowance should I have to pay what the order says. It explicitly states that I will pay money from an housing allowance.
3 Answers from Attorneys
No one can possibly answer this without reading the order. However it is highly likely that you still owe the same amount and just have to pay it from another source. To be sure, sit down with a lawyer who can read the document.
More than likely, the amount you owe under the order is still the amount you pay. You need to have the order reviewed by a family law attorney. If your income has decreased, you may be entitled to a modification. I would not try that on your own. You could end up paying more depending on all the factors. Speak with an attorney.
Much will depend on the exact wording of the order. You need to take the order to an attorney to have them look it over to tell you if what you think it says is the correct interpretation, or if you need to file an action with the court to modify the order. Also, if your income has changed, which it apparently has, have them calculate whether or not the child support you are paying otherwise is what you should be paying. You may be able to reduce the other part of what you are paying, or you may find that you should be paying more than what you are now and that filing a motion may not be in your best interest.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.
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