I live in Virginia and have been divorced for 9 years. My ex agreed to pay my mortgage as his child support until my house is paid for in 2011. He now says he "has changed his mind" and wants to change our agreement because he isn't making as much money as he used to make. (He quit his job and took a lower paying one.) What are the chances he will be able to do this? He also now has a criminal record of physical abuse againest his new wife and has told our children he might kill himself. Will any of this be taken into consideration if he tries to take me to court to lower his child support ?
Child support is usually calculated on state guidelines. I would look up your states guidelines and see what he should be paying.
If he was making more and now is not, that is not your problem, it is his. He is under employed by choice, and from I have seen courts will calculate his child support payments based on what he could make, not on what he is making.
Abuse only factors into the amount of child support paid in a round about way. Child support and visitation are two seperate issues. And, one rarely effects the other, except in the case of how much time is spent with the parent.
Example, he may have to pay a little amount of child support currently because you are currently doing week on and week off visitation. However, if the courts grant you full custody and give him extremely limited visitation due to abuse, then the amount may be raised. Usually though child support is what is regardless of how crazy a person is.
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