First of all, the lawyers and the Court should have entered a temporary Order granting a temporary modification of his support obligation at the hearing in August. If they did not enter a temporary consent order that allowed for a lower amount of support under the circumstances you described, it seems that someone dropped the ball. The entire idea of filing a modification when income changes it to be able to assist the paying parent with their support obligation when they have less income than they had when the support obligation was first considered and ordered. To leave him paying the same amount over a period of time he could not pay as much, if anything at all, is not what you filed a modification action for in the first place. I suggest you have your Attorney file something to give a decrease in the obligation from the date of the hearing in August. Someone was not diligent, based on the facts you describe.

Danielle D. D'Eor-Hynes, Family Law Center, LLC

www.hynesfamilylaw.com