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February 19, 2010
  Man May Still Have to Pay $80K in Support, Despite Monthly Earnings of $3k
Posted By Ellerin Hutchinson

The courts are supposed to modify a child support arrangement if one parent proves they are no longer able to keep up with the payments due to a significant change in circumstances.

That's how it's supposed to be, but a judge in Las Vegas has failed to reduce a man's child support obligations, despite the fact he is earning hundreds of thousands of dollars less in income.

At the time Anthony Fernandez divorced his ex-wife he was making $500,000 to $4 million a year in the stock market. But now that the economy is worse and the stock market has soured Fernandez makes $3,000 a month selling cars.

Obviously unable to keep up with his $80,000 a year in child support, Fernandez asked the Nevada Supreme Court to reduce his child support obligations. Instead of granting him a modification, the judge said he deserves a hearing in the district court to determine whether or not his drop in income warrants a modification.

Another element that should justify Fernandez's request for a modification is that his ex-wife's monthly income is now the same if not more than what Fernandez is bringing home.

Need to Modify a Child Support Order?

Is this a case of a court so obviously favoring the mother? It just may be. Ellerin Hutchinson has represented numerous fathers throughout the Jacksonville area needing to modify their child support orders. Whether you need help seeking a modification for the first time, or a judge has denied your request and you need help appealing the decision, an attorney our office is available. We understand the stressful position you are in, and are committed to doing everything we can to help you get this matter resolved as quickly as possible.

To arrange a consultation with a Jacksonville fathers' rights lawyer at our office, please call (904) 866-4489.

Continue reading "Man May Still Have to Pay $80K in Support, Despite Monthly Earnings of $3k" »

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January 13, 2010
  Modifying Child Support, Alimony and Parenting Plans
Posted By Law Office of Scott Ellerin

No situation is ever permanent.  Families expand, ex-spouses get remarried, jobs are lost and gained, incomes increase and decrease, and the cost of life fluctuates.  Sometimes a change in circumstances affects one’s ability to comply with a previous court order.  Fortunately, judges understand that life changes and with that people's situations change.  

Under Florida family law, you can ask the judge to change or modify a court order if you can prove a significant change in circumstances warrants the modification.  For example, if you were ordered to pay child support or alimony, but you have recently been laid off from your job or have become injured and are no longer able to work, you can ask the judge to lower the amount of support you are required to pay. Similarly, if you are the one receiving child support or alimony, and you would like to ask the judge for more money, you will need to prove why you deserve to get more support.

Time-sharing   and parenting plans can also be modified after a divorce has been settled.  The court understands that situations change, and is open to modifying a time sharing or parenting plan as long as you can prove it is necessary and that it does not compromise the best interest of the child.  Like all child-related family law issues, the judge’s main concern is to ensure that any changes or modifications you seek will not have a negative impact on the child.

Contact an Experienced Jacksonville Family Lawyer

If you are interested in learning more about modifying your child support order, alimony order, or time sharing or parenting plan, Jacksonville family law attorney Scott Ellerin would be more than happy to meet with you to discuss your case.  To schedule a consultation with Mr. Ellerin, contact the office today by calling (904) 866-4489 or click here to fill out an online case evaluation!

Continue reading "Modifying Child Support, Alimony and Parenting Plans" »

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