LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #17

I was divorced in Ohio in 1995 and have a shared custody agreement for my two girls. I have always paid my child support without exception. I lost my job in January when the technology industry crashed. Despite my total lack of income and meager savings, I maintained my full child-support for four months, the time it took for the system to act upon my change of status. My ex-wife is taking me to court, believing that my termination was staged!? She is asking that I pay her legal fees. I have found work since at a severe decrease in pay. She is requesting full reinstatement of the $$ at my old job rate!! So far, my attorney has told me that I am at risk and that I will end up paying for her legal fees. I find this surprising in that a horrible event such as losing my job and industry of 20 years places me in this position. Is the system truly this horrific?? Is there anything I can do?? I feel like the good guys finish last in this system.  

If you wish to fight this unfair assessment, you must convince the judge that this decrease in salary is not a fluke but is the present salary that is commensurate with the type of skills that you have, and that the old salary upon which the original child support was based is no longer realistic. Do some research about present salaries in your profession and back up your claims with authoritative sources. Your task is an “uphill” one but can be done if you substantiate your position with supporting documentation.
GOOD LUCK!
Leonard Weiner, Esq / Divorce Solutions

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