Child Support When Income Changes
As part of a divorce decree in 2001, I agreed to pay child support for two children of $900 a month based on my income at that time. Within 6 months I had lost my job, was out of work for 6 months and have since seen a significant reduction in my income. I continued to pay full support out of savings which I was living on while out of work until that ran out. Since then I have been ubnable to maintain the $900 but have paid as much as I can based on current income (under $20,000 in 2002). By my reckoning I have kept up the mandated percentage of income, but I never petitioned the court to reduce child support, because I had hoped that I would find better work and could resume the larger payments. Now I am being threatened with court action to recover the full amount pledged at the time of the divorce. I would like to file a motion for child support reduction, and can prove my income and payments since the divorce. Will the court consider a retroactive reduction based on actual earnings? What is my best course of action?