Legal Question in Family Law in Indiana

modification in support

my ex pays 900 in support every two weeks. 8 months ago he voluntarily quit his job to start his own business. he has taken a lesser paying job of 52k (and has a side business of building homes and doing odd jobs) and now wants to get support lowered due to side business not paying off yet. what are my legal rights. i have been told that a professional cannot voluntarily quit a job in order to get support lowered. do i need to get an attorney if we go to court for modification? can he get it modified without my consent? thank you for your time.


Asked on 1/26/04, 9:58 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: modification in support

If you do not show up for the hearing, the support could be modified without either your consent or knowledge. Unless you are prepared to be conversant with the child support guidelines in order to make the counter argument to his requested modification, I would certainly recommend that you retain the services of a local attorney. The support guidelines do provide for situations where a parent earns less income than before and recommends when the court should not take lowered income into account. However, there remains the criterion of setting support that it consider what would have been done had the parties still been married. This is a very complex question and again I would encourage you to retain counsel.

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Answered on 1/26/04, 10:22 am


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