My ex and I share 50/50 joint legal and physical custody and I have to pay her 197.42 a month in child support because she does not have a job, however, the judge did impute minimum wage on her at the time (2012). Now she has a Masters degree and still no job, can I file a motion to have child support dropped as there is no reason for someone with the type of education she has to not have a job? She is also living with her parents rent free and has no bills, she is 35 years old!
You can file for a modification of child support. In order to modify the existing child support order, you will need to show a substantial change in circumstances. To learn more about that process check out our article: how to modify child support. You could argue that the fact that she has obtained a masters degree since the previous order is a substantial change in circumstances. Also, free housing can be considered ‘income,’ thereby reducing your payment.