My husband has custody of his daughter and the mother is court ordered to pay child support. We just had court. She had filed to have her child support reduced due to job loss. We subpoenaed her employee file to court and her motion was denied. The judge told her that she could not get it reduced based on the fact that she was fired, it counted as voluntary termination. We did not have a print out from the child support office with us at court. In response to our order to show cause, she was found in contempt for failure to pay. She said that she paid what she could but never missed a full month with out paying something. When my husband asked for a purge payment or arrears to be added the judge said that she would hold it open for 30 days so we could come back with the proof. How do we go about getting that back on the calendar? Another question we have is that while we were going through her employment records we discovered that she lied about the amount that she was making. Can we have CS revised based on what she actually made instead of what she reported, since we have the proof?
Thanks
Brandy
You need to contact the clerk to set a review hearing pursuant to the judge’s instruction, and you should take the proof of her deceit with you to show the judge at the review hearing.
Along with the hearing, would this require making a motion to modify, based on actual earnings, not what was reported?
Yes, if the support number changes 15% or more and it has been 3 years since the last order was entered.