Wednesday, February 11, 2009

Sharing an increase/decrease in pay with your ex

While you are going through the transition from being married to being divorced life goes on, including changes in job status. So when do you tell your ex-spouse that you have a new job?

The first thing to keep in mind is that a change in job status can affect the amount you pay or receive in child support (and possibly maintenance/alimony if that is modifiable per your divorce). If you are making more money and you receive support, your child support amount can be reduced; if you are making less money and pay support, your child support amount can also be reduced. (The opposite is also true, i.e. if you make less and receive support you may receive more money and if you make more and pay, you may have to pay more support). In financially difficult times as these, many people are losing their jobs, having hours or pay reduced, and/or making a transition to a totally new field requiring new training and time out of the work force. As I stated on my last blog, it is EXTREMELY important that you do not simply come in an "agreement" with your ex-spouse about child support. In Missouri you must have a court order changing the amount of child support one spouse receives. Failure to get such an order puts you at risk for either giving up the ability to receive such payments in the future or making you liable for thousands of dollars of past due support and interest.

I always encourage people to try to work things out with their ex-spouse and to get along as well as possible for the sake of the children, but when money is involved, you should seek the counsel of an attorney to tell you what your rights are and to tell you what you need to do to protect yourself. Because money issues are a large part of why bad feelings continue to fester between former spouses, keeping these issues as objective and neutral as possible from the outset will save you headaches and heartache in the future.

Take care, Allison

Disclaimer: The choice of a lawyer is an important decision and should not be based solely on advertisements. Disregard this solicitation if you have already engaged a lawyer in connection with legal matters referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

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