I am single never married and have two children and have court order to pay child support and woman married another man in different state 7 years ago and now child support is taking half of earnings need advice how to change court order

I had been paying court ordered child support up until I become unemloyed, and now am employed and child support is taking same amount of money from my check even though i make half of previous income. My children's mother has been married for the last 7 years to a man in the military and kids recieve full benefits thru this man. Court order is from California and she lives in Texas now. Need advice as to how to change amount of payments, I now live in Indiana, and cant afford these payments of $1000 dollars a month and pay living expenses and buy food. Also employer just advised that they have to deduct money for insurance also. Please advise what to do ASAP

Share | Abuse

Answer 1 / 2

Submitted 138 days ago...

tomturkey

Brain (2,631)

You would have to file an motion with the court to modifly the orignal child support order. You may have to file in the state where the orignal order was placed. However you might check with an attorney to be sure because all states have different laws. I agree a $1000.00 is alot of child support.

Share | Link | Abuse

Answer 2 / 2

Submitted 131 days ago...

disabledsfcv

New User (9)

You need to go to the courts where the court order was orginally written at. You cant go there so call them right away and explain what the circumstances are now. The children are yours but you should be able every three yrs to request a modifcation on your payments. It is based on her income and yours. If you income due to cut backs has been decreased and your children are getting benefits thru the military you should make the courts aware of that. When I got divorced in the past my benefits were based on spouse and my income. I was the military person and he was a teacher. I made better money than he did so there for even with a handicapped child I only got $105.00 per week. You can not raise a severely handicapped child on that. I was lucky that I had the miltary to fall back on. She should be ashamed that she is getting everything provided for her and still be greedy. Please take advice and contact the court in the county where your documents are being held. I lived in NJ and so did he at time so court was NJ but when I transferred and he left state if was transferred to the father's location for payments. So you might be able to contact your court house in the county your in and paperwork is in. Where does the boss send your payments to? Find out if it is Calif or state your in? Start there but I would ask for modification and have documentation and proof of everything so that they do not have to do alot of research. You do the research you can help them get it thru faster too.

Share | Link | Abuse