By Robin Roshkind, Esquire, West Palm Beach, Florida
You are divorced two years and you are court ordered to pay child support. In this economy, your company has fired you due to a payroll cut back. You are seeking employment but it’s been a month so far and no luck. What should you do?
You need to file a motion to abate child support payments pending finding employment. If you do not, you may unjustly face contempt of court charges.
There will be a court hearing before a judge on the motion to abate payments, at which time the burden of proof is on you to show that you are actively seeking employment.
If you should get another job at a higher or lower rate of pay than your prior payheck, if there is a 20% difference between what you are earning on the new job and what you were earning on the old job, then a modification of child support is required, either upward or downward depending upon your current salary.
For more information about this or other family law topics, call on one of the attorenys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.