CS modification


#1

Also, seems during mediation, my wife’s income was misrepresented by her attorney, she used worksheet B and lower monthly income, and only has 54 overnights per year (4 consec summer weeks and 1 night alternating weekends).

I have agreed to be primary legal and physical custody, so we should have used worksheet A as I understand which will result in an increase of the child support by 66% from what was discussed and agreed in mediation. Can I request the judge to reconsider and use the appropriate worksheet A for proper calculation at this upcoming hearing?

Or how soon after consent order is signed by judge can I request a modification, due to a substantial change in circumstances as defined as a greater than 15% difference in the guideline amount? I really do not want to have to wait the passage of three years since entry of the order.

Thanks again

Felix


#2

You cannot change the support worksheet as you already agreed to it. If there was a fraudulent misrepresentation of her income however, that can be addressed. Modifications can take place 3 years after entry of an order if there is a 15% change in the amount of support as calculated at that time.


#3

Just a little clarification;

There was most definitely fraudulent misrepresentation, I have emails from her attorney stating her hours and gross income as HALF of her actual gross income that I recently verified when I received her W-2. The attorney’s email statement of gross income is what was used in the calculations. You say “that can be addressed,” do you recommend I do that at this hearing or are you suggesting another avenue to address this? Any suggestions on how to bring this forward?

I have heard differing answers, please correct me: on the AND vs OR:

modification can be made if there is a 15% change AND 3 years have past

or

modifications can be made if there is a 15% change OR 3 years have past?

Thanks
Felix


#4

You may file a motion for relief from judgment based on the misrepresentation of her income, but the judge may deny the motion on the basis that you could have demanded proof of her income before agreeing to an amount of Child Support. As for a modification the guidelines state that an order can be modified based on the passage of 3 years AND a 155 change.