How can you prove if a parent is purposely reducing their reported income for child support modifications? Here is the situation:
The first child support hearing was in 2002. My ex had worked for 2 years at the same job prior to this. Within a month of the court hearing, she said she lost her job. Magically she had the same job back less than one month after the hearing. She worked continuously at this job and then one other. In May 2009, we received notice we were having a support modification. Again less than two weeks prior to the hearing she “lost” her job. It took until end of July for our case to be seen but once again first of August she got back the same job she said she “lost” in May. CSE seems to be totally unconcerned with any of this. I have tried to talk to my case worker and to the supervisor and they simply say since she is unemployed she get a credit of $299 per week instead of the $550 she has continuously made over the past 8 years. Also even though she is now working they state it cannot be reworked for three years. By this time my daughter will be 17 1/2 so there will be no point. I understand the job of CS is to get the most support possible for the child but shouldn’t the CSE have to also be fair? Is there any way to prove she is pulling a fast one with her “losing” her job? ANd if I can prove it then what? Am I basically fighting a losing battle?
You can file a motion to modify support on your own and document the circumstances of your ex’s behavior in trial.
How can I verify that she is actually unemployed not just “off” till after our court date? CSE doesn’t seem to care about any of this. Is there a way to verify she is receiving unemployment benefits?
You may obtain all of her financial information through formal discovery which takes place after you have filed suit.