Q & A: Increase in Child Support

Q & A: A client agreed in a divorce decree that she would not ever ask for a child support adjustment. The decree says that ‘if she does, any increase will be returned to the husband as an additional property settlement.’ The client now wishes to as for an increase in child support. Is there any authority for voiding such a clause or being granted a modification despite this clause in the decree?

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Q & A: How should child support be calculated when the obligor's income is based on an hourly wage and commissions?

Q & A: When an obligor has an hourly wage and commissions, should the commissions be averaged over three years to come up with the gross income for a child support obligation? What happens when the opposing counsel insists on using income which includes the obligor’s best commission year to date?

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Q & A: How does wage garnishment work in a child support case?

A client was recently ordered to pay child support in the approximate amount of $700 per month. This amount will be withheld from the client’s paychecks by county support and collections. The client’s monthly gross income is $2200 to $2400. The client’s wages are already being garnished in the average amount of $400-$500 per month for a non-child support judgment. How much money will be garnished from the client’s disposable income after the child support is withheld?

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