Child Support Order Higher than Payer’s Income – Is it OK?

Should a man who makes $36,000 per year be subject to an $80,000 per year child support order? To reasonable people, this may seem like a simple question; but not to Nevada state judges. In fact, this case is getting press attention. What’s unique is that the Nevada Supreme Court said that modification of the order should be considered.

CARSON CITY – A man who once earned between $500,000 and $4 million a year in the stock market should have a chance to get his child support payments reduced now that the economy has soured and his earnings have declined, a court has ruled.

The Nevada Supreme Court ruled that Anthony Fernandez should be given a hearing in district court in Las Vegas in his effort to modify his child support payments, which were an annual $80,000 a year in his high-earning years.

Fernandez and his former wife, Jennifer Rothman, had two children before their divorce. They agreed that neither would seek a modification of the child support agreement.

But when the stock market tanked, Fernandez ended up earning $3,000 a month selling cars.

His ex-wife’s financial condition has improved with her gross monthly income either equaling or outmatching his, Fernandez argues.

District Court Judge Cheryl Moss denied the petition of the father to modify the support payments. The Supreme Court said it doesn’t make any finding that the support payments should be reduced — only that Fernandez should have another hearing on whether the support should be lowered.

Las Vegas Sun: Court: Man should get chance at lowered child support

This entry was posted on Friday, February 12th, 2010 at 12:54 pm and is filed under Sex & Metropolis. You can follow any responses to this entry through the RSS 2.0 feed. | 316 views | Trackback |  Print This Post |

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