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Temporary change in income - Disability

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  • Temporary change in income - Disability

    I pay CS and SS, three children, with offset based on Mom's income. I have been on disability leave for four months, at 100% of salary. After four months, it decreases to 66.6%, and after six months decreases to 50%. I do not have an anticipated return to work date though 2-4 months is probable. My doctor and the insurance company have supported the leave. It will be a hardship for me to continue to pay based on my full salary (I don't mean hardship in terms of legally being relieved of paying, just that it would leave me little to live on.)

    I want to file a Motion for Change to reduce CS and SS based on my new reduced salary.

    1. Given the unknown but potentially short-term duration of the change, would a court even entertain the Motion?

    2. Could the new Order, if one is issued, anticipate the future change in income from 66.6% to 50%? Something like, if Payor is still on disability leave after the sixth month, the CS and SS will be revised as follows...

    Your thoughts would be appreciated. I don't want to go on a fool's errand if the Motion wouldn't succeed, but if it has a chance it would help my financial position a lot.

  • #2
    I don't believe you would be successful as court does not rule on Orders based on "what ifs." You very well (hopefully) will have a remarkable recovery and be back to work within weeks. Also, your decrease in income is temporary, not permanent.

    When you go to court you are required to complete a comprehensive financial statement. Courts make orders based on facts presented to them at that time.

    Often people lose their jobs and have to live and pay support on unemployment income. If you pay support though a maintenance enforcement agency (FRO of MEP) you can usually make arrangements to defer your payments. (You would be expected to catch up in future). However, you would be required to complete comprehensive financial statements for FRO as well. It doesn't cost anything to call them. If you aren't paying through FRO this might be a very good reason to consider doing so in the future.

    If you are currently unwell and unable to work then one would think you are also not able to go to court. If you are paying to have a lawyer represent you then I would encourage you to reconsider your priorities (children vs. lawyer's fees).

    Hope you have a speedy recovery.


    • #3
      Added to all this, motions take time and by the time you reach a conclusion, your income could change.


      • #4
        In my separation agreement we have a clause that change in income immediately effects payment. Thus reduce lottery payment for the ex. Its called fair.

        If I had ever had a judge "try" and tell me that I still had to pay something I was unable to.....I know I would not be able to keep my cool. Arrogance of the courts in this country is too much.

        I even added in the agreement if the ex decides to take one of her 3-4 week vacations down south without the kids...I dont pay CS during those weeks. Its called fair.

        I find it shocking that a human being (a judge) would be so freaking evil!!!!


        • #5
          How is the ex taking a vacation in any way related to CS? Living expenses for the kids don't go away, there is still rent/mortgage, utilities, food etc...?


          • #6
            Originally posted by blinkandimgone View Post
            How is the ex taking a vacation in any way related to CS? Living expenses for the kids don't go away, there is still rent/mortgage, utilities, food etc...?
            Your correct. Living expenses do not go away....neither does my ex's responsibilities as an ethical adult. She made a decision to leave her responsibilities for an extended period of time. This includes her place of work which will not be paying her a salary during her time off. In other words her total income at year end will be reduced, thus increasing my contribution in future CS payments because she felt like a vacation from her part time job and her kids.

            Then you look at the extra cost associated with the kids staying with me extra time; increases in food, water, electric, gas, utilities, daycare etc. and the reduced cost on my exs budget not taking care the kids for that period.

            My clause allows her to take what ever time she wants without me paying for her vacations. You see...I apply the Charter of rights to my agreement. I am NO slave to another; even if the Family LAW SAYS i SHOULD. Nope...that is slavery.

            What makes you think I should pay for a vacation for my ex? She is a grown adult responsible for her own lifestyle! I will pay for my kids....I will NOT PAY FOR SOME WOMAN!

            This attitude of entitlement drives me crazy. The money that would have gone to my ex....went directly to my kids. I signed them up into sports programs, that otherwise I could not afford due to CS/SS payments. Further proof that CS payments awarded in "the best interest of the children" is complete BS. That line used by courts and feminists is completely flawed.... its in the best interest of a weak woman.


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