Downward Modification

[jtap1957]

I went for a first appearance today. The ex-wifes attorney said he's looking for me to pay his fees if the hearing denies me a decrease in support payments. I relocated upstate and her lawyer also said I elected to transfer with my company, which is true. After the divorce settlement last april 04, I was unable to afford to live on LI. My salary with ot is lower than when I worked in the city. Can this hearing next month hurt me? Should I opt out prior to the hearing with a call to her attorney?  John

[longship]

What does your attorney say?  Personally, I wouldn't opt out.  If you moved because you couldn't afford to live where you were, then that's a legitimate reason.  You can argue that it was in the best interest of the child that you moved so that you could make your CS payments and be able to maintain a household of your own as well.  That's just my opinion.

Good luck!