My child support is handled by Forsyth County DSS. I’m the custodial parent. I requested a review of the order for modification because it had been three years since the previous order was established. The review found that he owes me about $1,000 a month MORE than what he’s currently paying. My question is this: does he not have a responsibility to report such a significant increase in his income? I’m pretty sure the original voluntary support agreement that he signed stated he was to report a significant change in disposable income. Can he be held in contempt? Could he potentially owe me the difference from the time his income increased?
Yes, if your prior Order said he was to keep you updated on significant changes to his income, then he would be in contempt for failing to do so. If your Order was silent on the issue, then he doesn’t have a duty to voluntarily disclose such changes to you. You could seek back pay for the difference in child support if he failed to disclose this to you.
I wonder if you would do the same if it was you that had the substantial increase in pay resulting in the lowering of your CS payment…just saying.
Another question… I looked and the original voluntary support agreement states that he WAS to report significant changes to his disposable income. However, that order was modified a few years later by the court when my daughter started daycare (was increased). Do the original order’s rules still apply? I don’t have a copy of the modified order and I’m not sure if he had to sign the modified order anyway since a judge enforced it???
NC EX HUBBY… If I had the slightest idea that my income went from 60k to 200k then I think I’d have a clue that I might not wanna screw with the judicial system because I’ll probably end up having to pay anyway. Not to mention the ramifications it would have on my character when going through a custody trial. Besides…what’s $1600 a month in CS if you’re bringing home over 12k a month?
You would need to look at the modified order. It’s likely that that provision is still there if it was in the original one, but you would need to review it to be sure.