Child support is automatically review every three years. I believe that the attorney means that if there has not been a drastic change of circumstances prior to the 3 year mark, child support can be re-evaluated at the 3 year mark on the assumption that there has been a change in circumstances by then.
The next step is up to you. If you believe that you are not getting a “fair” deal with the current judge and you know that he/she is retiring and would no longer be presiding then I suggest you wait until Jan and file for modification of child support. You could file for it now since the salary information was not supplied on the grounds that there has been a change in circumstances. But I wonder how child support was figured if they did not supply the information to begin with…? Did you have an agreement for an amount?
It does not automatically go to the courts at the 3 year mark, you have to take it to the court. I say this because my ex has not reviewed child support in 8 years, and it’s still being paid at the same amount. Ours is court ordered.
You bring all your financial data and the ex is supposed to bring in financial data too. You can’t come up with a figure without data from both sides, so I dont see why a judge could ignore lack of subpeonaed information unless the ex brought it the day of court. I would think tax returns and current income statements would be needed…and I would think he would have to provide those.
Originally, the child support was based on the speculation that his salary would decrease rather than using actual tax returns. They just “imputed” a figure to him and went with it which was lower than the tax records indicated. I have no idea what his actual income is at the present time. Child support could not be calculated using the chart since his income is way off the chart. I receive 200.00 more per month than the CHART indicates for the highest amount of combined income and he has much more income than the chart cap! As for the subpoena, nothing whatsoever was ever turned over and this issue was totally ignored at a hearing where I produced evidence that my income was substantially below the Court’s projection. So, I already tried to show a “change of circumstances” to this judge. He ignored cold, hard evidence, so there was nothing I could do. The only chance I do have is when this judge retires, so I guess it’s worth a shot. I really have nothing to lose. Thanks.
The attorney on the site makes reference that the Court assumes a change in circumstances has occurred at the three year mark. Please elaborate on this statement. Does that mean automatically the child support is up for review? I am representing myself and my income is not what the Court projected it to be nor will it ever be. I have previously brought this issue before the Court, but the Court ignored it. “MY” judge retires in December and it is now past the three year mark. What do I need to do in order to bring issues of support and child support before a new judge? How do I get tax returns of the ex? I issued a subpoena for the last Court appearance, but they did not turn over requested info and the judge ignored this failure. Please advise me on what I should do! Thanks!