I’m at a point of major frustration due to the fact that since my separation in 2007, my ex has re-nigged on not one, but 3 signed and notorized separation agreements and one verbal agreement regarding child support and alimony. I tried to be the nice guy and I conceded to his benefit the amounts agreed upon. Unfortunately, he has changed the child support amount again with out showing any documentation to me of his income since 2007. I am currently living with my fiance and have not recieved alimony since and I am not trying to get “more” from my ex. If I file a motion for child support, will a judge concider what I went through with all of these agreements, lost alimony; that cost me my home and in the same year an eviciton from an apartment? Will his work history be taken in to concideration? He worked a decent salaried management position but has been working for tips for the last year or so? I doubt he is claiming the acutal amount. I just don’t know what is fair to me and my child anymore and also for him. Help!
If you file for child support, the court can only consider that issue, and if your ex is unemployed, or underemployed his past work history can be viewed as evidence supporting his ability to earn.