Modifying CS and Custody


#1

I’ve been legally divorced since January 2013. Custody was settled and child support was addressed as well. Not satisfied at all with the equitable distribution at all, but that’s another story…
Shortly after my divorce, I was let go of my job of many years. I found something similar, slightly less pay. We mediated and child support was adjusted and signed off by the judge. Unfortunately, I was let go of that job for various reasons. Since then, I have been working minimum wage jobs, multiple jobs at a time to make ends meet, draining my retirement (and paying massive penalties for it I might add!), while my ex-husband enjoys an extravagant lifestyle: New BIG house, showering the kids with vacations, beach houses, mountain cabins, etc.

My first question is, can I adjust my child support even though it hasn’t been 3 years? I had been working with the Enforcement Agency for months, under the misguided impression that they could help me with that. I know now, that they can’t. If I can, how do I go about it? My ex would not willingly tell me how much he makes or any other information. Several factors have changed since the original CS was set:
Income - his (up) and mine ( big time down).
He doesn’t pay daycare now, as our kids have both aged out (11 and 13).
I also currently do not pay monthly insurance premiums for the kids insurance. Unfortunately, they are both on Medicaid. Please advise…

Second question: Once “permanent” custody was established, can it be changed /addressed if I modify child support? I’ve been holding off asking for an adjustment in CS, for fear that my ex will want to address custody issues. Can he?

Thanks!


#2

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. It sounds like a new calculation is in order considering your incomes are different, child are costs have changed and the insurance costs as well. Either party can also file a motion to modify child custody based on a change in circumstances, just because the order says it is ‘permanent’ it certainly is still modifiable.