when i was much younger, i married a man 12 years my senior. we had a child together and then within a year he filed for divorce and retained temp custody of the child. we found a decent working relationship throughout or lengthy divorce and im guessing due to my age and lack of knowledge and money i finally settled with him allowing our then 3 1/2 year old child to be in his primary physical custody with us sharing legal custody. i had since moved on to my second husband of which i had 2 more children of that marriage. during my second marriage, my first husband remarried also and then modified our custody agreement to where i now pay child support. My second marriage ended after 7 years and i am now a single mother. I have full custody of the two children from that marriage. My main question is this. I want to go to school fulltime and better myself. i will be living off of student loans pretty much. will i have to continue paying $350 a month in child support until modification time rolls around again or can i go back to court and challenge the motion due to long term financial hardship and be assessed the minimum support? how does that work?
The leading indicator of whether the change can be made is the age of the child. If the court feels they are young enough where the later added support will greatly benefit the child, they will allow it. But beware, once you graduate, your income will be imputed to what will then be known as your earning potential, and you will pay child support on that projected income, whether you are working or not. In my state, the minimum CS is around $250/month....at $350, I would tend to just leave it alone.
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