I have a child support order filed in Sept. 2008, which states that my child’s father is to pay $50 per month while in school and then modify upon completion of school and obtaining gainful employment. At the time I was employed and my income was taken into account. The school/course he attended was 6 weeks; he completed it; obtained employment with the local Sheriff office and has not modified the order to my knowledge. Which leads to my first question; would I know if he “reported” his employment? I asked him to modify it several times over the past 2 years, but during a recent conversation concerning CS, he said he had it changed 1.5 years ago. I don’t trust that.
Can I file a motion for modification and do I need a lawyer if there is already an order in place that has not been followed? I don’t really have the extra money for an attorney at this time, but would like to handle this matter seeing as how he’s had ample time to comply. I am remarried and had a child in Oct. 2009. I have been a stay-at-home mom since her birth. What is the common practice of the court in calculating my income, or lack thereof. Again, I was employed at the time of the initial child support order in 2008.