Q: Can child support be raised if custodial parent now has sole custody and other parent chooses not to have a job?
I'm supposed to receive child support and gained sole custody a few years ago. She chooses not to work or pay the current child support and has not seen the child in over 8 years. So, I am curious if child support can be raised to help cover the costs that she was supposed to cover while in her care.
A: Child support is calculated based on the incomes of both mother and father. If the incomes have changed since the last custody order it can be modified to be calculated on the new current incomes. Whether support would go up or down would depend on if income has gone up or down.
Gary Johnston Dean agrees with this answer
A:
I agree with Pete Louden's answer, and am curious if Justia notified you that I did. Please let me know by email.
I want to add however, I think you asked if she could go back for more from you. Answer is no.
You have several options in dealing with her. Her parental rights can be terminated, and your current spouse can adopt.
You can Google your state child support enforcement office, and ask them to try to collect back support. It draws 105interest until paid. You can also seek to modify support based on current incomes. If she elects not to work, her income can be set at what she is capable of earning. Finally, she can be cited for contempt for failure to pay, and her drivers licence suspended. Hope this helps. Good luck.
Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
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