More than likely he would not be able to get more money in child support unless the courts based his earning capability on minimum wage. Since that is less than what your current child support payments are based on it’s a possibilty. He can not however get more alimony or anything other than child support and that is unlikely unless the custody is changed.
I don’t think you have anything to worry about. If he has child support modified, it’s likely not to change much and would not need to go back to court. Let him threaten all he wants…it sounds as though he’s trying to intimidate you.
Given the facts you described it is likely you could make a case for deliberate suppression of income and if you are successful it is unlikely child support will be increased.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My husband and I divorced about 4 years ago. Throughout our 20 year marriage he worked on and off. I was the primary bread winner however. We share custody of our daughter 50/50. I paid him two years of alimony and since we were separated have paid him child support based on him earning $25K a year (he is able bodied and has a college degree). Since then he has blown through the $60K he received from the division of assets and he has declared bankruptcy. During this 4-year period he did get one job for $45K a year which he quit after 6 months because he couldn’t handle the stress and then he got another job for $32K a year from which he got fired. The rest of the time he has done nothing.
He has threatened to take me to court from more $$. This man basically refuses to work. Don’t I have any rights?