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What amount of time is considered consecutive income in order to modify CS?

lovenlots's picture

8 months ago DH had a job making alot of overtime his child support is based off all the overtime. He just started a new 2 months ago at a job that is less demanding in my same field working around 32-38 hours weekly. His salary went up 5.00/hr but without all the overtime he is making 4-5K less monthly in income. He wants to modify his child support how many paychecks does he need to show the courts that this is his consistent new income? Im sure BM will argue that he always work overtime. BM only works 30-38 hours weekly also and I know she is gonna fight to keep him at the highest child support amount. She has an attorney and I know shes gonna try to get him to pay for her attorney fees, but he is  struggling he was without work for 2 weeks and making 4-5K less now so he is just getting caught up, we also moved into a cheaper place. We can't afford an attorney just for modification either, shouldn't the numbers speak for itself?  If you've worked overtime in the past is it an uphill battle to prove its no longer the case?Any advice or experience?

lovenlots's picture

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AllySkoo's picture

It may vary from state to state. I know my DH filed for CS modification the same week he got laid off. I'd think a job change (a whole new company, right?) should qualify as a "change in circumstances" which would warrant CS being modified.