Now I have a new, but related question. CSE really sucks at their job, by the way, and they cannot answer me question.
So - ex filed for a reduction in CS and I told the attorney and judge that he had additional income from side self-employment that he was not disclosing. The judge continued the case until February and ordered three years of financials, tax returns, banks statements, etc. to be provided at the date in February.
Since he filed the motion to reduce, my understanding is he can simply not show up in February and the case would be dismissed. Does the subpoena for the financials still stay in play? Will he still have to produce?
This month is the three year mark and my case is up for review. We have both been asked to provide income, insurance and daycare expenses for the review. I am certain he will not provide the additional income at this time. My case worker says he cannot do anything until he produces the subpoenaed documents in February.
If my ex does indeed produce the documents and it shows the additional income, then his motion to decrease would just be dismissed and the documents could be used for the review. If CSE find an increase in justified what is the process? Do they file a motion to increase and will it be retroactive.
Should I file a motion for increase based on additional income on his side and try to have it calendared for the same date as the continuance in February?
On top of this, my ex has not been paying for 1/2 the uninsured medical expenses (ever) and I have to file a motion to show cause. Again, he is going to state he doesn’t have the $ to pay because a large chunk of his check goes to child support. I will need the judge to see his additional income. This is totally separate from CS, so I am assuming I would have my attorney subpoena all the same information that would be used in the CS case. Is there anyway to get this all together in a single court case?