I have retained a lawyer. The lawyer told me that if my child recieves social security disability and it has to be listed on the child worksheet also whoever pays for the child's healthcare also has to be listed on the worksheet. This is all true correct? Cause three years ago on the previous child worksheet that information was not listed and the child did recieve both healthcare and social security disability. But I signed the agreement of paying a certain amount not seeing the child worksheet and didn't retain a lawyer.
Some lawyers have said u agree to pay it so it didn't matter what the worksheet said on it u agreed to a certain amount so u have to pay it. The lawyer I have retained now says that is the reason for a modification and assures me these numbers will be in this child worksheet and the child support will be reduced quite a bit
3 Answers from Attorneys
If you can now use these things to lower the child support, you should pursue that. Other sources of support for a child, or expenses you pay for the benefit of the child are factors in determining the amount of support. The one thing you may run into is that a modification of support needs to be based on a change of circumstances. If the attorney on the other side knows that these things existed when child support was originally set, they can argue that there has been no actual change from last time warranting a modification of support, even though the numbers in the last case were not complete. It may depend on the Judge as to whether or not they would buy that argument, especially since you were unrepresented in the last case and did not know to add them. It sounds like your current lawyer knows what they are doing, so you should make sure to give them what information you have and let them see what they can do for you.
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.
You asked this question earlier and received several good answers.
Really believe it is unethical to provide legal advice to you when you have an attorney. I am concerned you do not trust your attorney and feel it necessary to seek legal advice on a website.