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.
He could not have modified the support order without your knowledge. You may contact child support enforcement to file for a modification based on his new employment.
Thank you so much for your reply. Can you address the last question concerning my lack of income? (" 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.") Thanks in advance!
Typically the court will not impute income to a stay at home mom with a child under the age of 3.
Again, thanks for your response!
Yesterday I filed a motion to show cause. On the front of the file the clerk pulled, was a sticky-note stating that my ex “came by to report to the court that he is now employed” and there was a date of which I cannot remember. Weird! The clerk said that there was no new order in place, so I should go ahead and file. I don’t understand what exactly he did by “reporting to the court?”
Lastly, I was under the impression that the court will not impute income for a stay-at-home mother of a child under 3 for which CS is being sought/modified. My 11 month old is from my current marriage and is not the child in this matter.
I’m sorry to ask so many questions, but I’ve decided against hiring an attorney for this particular matter and am just trying to prepare myself as best I can.
The court will still not likely impute income to you. Income is imputed in cases where a party is decreasing their earning capacity in bad faith. Your staying home with your young child does not amount to bad faith.
Thanks so much for your time and the help you provide!
Our court date was on today and the judge allowed a continuance. The judge did state, however, that if my ex is found guilty of willful contempt, he could be placed under arrest. My ex is represented by an attorney; I am not (for financial reasons). I was wondering what I might expect at the next court date; what could his “cause” possibly be for not reporting his income and modifying his obligation? Will I be responsible for providing proof of his income? Really nervous that I’m not adequately prepared; not having a lawyer makes me feel more vulnerable. Any advice is greatly appreciated!
The burden of proof in on your ex. He must prove why he is not acting in accordance with the Order.