To try and make this short - my ex has been hiding his income since he took my son from me several years ago and started a horrible divorce/custody ordeal. A little over 4 years ago he filed another motion because he was “disabled” due to recent back surgery. The Judge did not modify CS at that time. I found out this AM that he has filed another motion to modify CS due to his disability, failing economy, etc. and other issues to be demonstrated in court. If he was previously “disabled” how can this be a substantial change in circumstances? Also, the economy is hurting everyone, I don’t know if I will have my job in the next year or not, so how can the economy be anyones defense?
It will not be a substantial change in circumstances, and the economy has nothing to do with child support.
Is there anyway to have it dismissed, or do I have to wait until all the evidence is presented in court? I just finished paying my Attorney in December for this well over $50K court battle and I am sick of the money that could send my son to Harvard being spent on attorney fees (no offense to attorneys, they are doing there job). I was looking forward to a year without attorney fees and court. I will be meeting with my attorney eventually, but I wanted to be prepared with questions or issues that I could possibly use to have this dismissed or at the very least have him pay my attorney fees. Will past transcripts we allowed? He has lied repeatedly under oath about his income, working ability, etc. Also, I went part-time at least a year prior to him taking my son and remain part-time now because I value my time with my son versus paying someone else to watch him before and after school, is there anyway the Judge can say I’m suppressing my income? I ask because he tried that last time as well. I want to be prepared for anything because he has done so many unpredicatable things in the past.
You could attempt to have the action dismissed based on its failure to state a claim upon which relief can be granted, but the court will likely deny that motion in order to allow your ex to attempt to show a substantial change. I suggest you meet with your attorney to discuss the judge’s attitudes on this type of case in your county.