Child Support Modification

Background: Last child support modification was done in July of 2009.
My ex has been under contempt of court for non payment of child support (again) since November of 2009. Each month he has been granted a continuance.
Since April, he has a new job working out of state. Child Support Enforcement found out and has since been garnishing his wages. His new income is a significant difference (more than 15%) of his last income (Child Support Office will not verify this to me, but I have gotten very reliable information it is).

Child Support Enforcement keeps letting this case be continued, since, one- his pay is being garnished for the current monthly amount, and two- he is working out of state. He has not paid back Nov, Dec, Jan, Feb, or March child support.

Question: Child Support Office refused my request for a new modification hearing based on his new income. They stated they only do a modification every three years. Also, he has a new baby by another woman and he has not asked for a modification at all. I am assuming because he knows he would be paying more because of his higher income.

First, why is he allowed anytime to do a modification if his income goes down (which he was granted one) but I am not allowed to request one when his income goes significantly higher?

Second, he is not reporting his new dependent for modification. Why can I not request the Child Support Office for a modification hearing since he has a new child? Is he the only one allowed to do this?

Thank you.

Thank you

The guidelines allow for modification every three years, since support was just modified last summer it cannot go back until July 2012, the requirement is a 15% change and the passage of 3 years.