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.
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