Q: I am trying to find out if I am entitled to modify child support in my current situation
I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then transferred to a new judge who ruled without a hearing and said I am not entitled to any child support. I did find a new job but it does not make as much. There is not a 20% difference between the two incomes (I make $7.00 too much for that calculation). Also after the parenting agreement was finished my ex has even less days with him then when we filed the Stipulation and Order because she was moving. She also shows that she makes $0 per month but I found out she is making fudge and selling it online for hundreds of dollars per month. I believe she is doing this so she doesnt have to pay child support
A: I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other factors that led to the judge’s decision. The new information pertaining to your ex’s income may or may not be relevant now depending on why the child support was originally denied.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.