Motion to modify child support


#1

I am self-employed/independent contractor, but company I am currently contracted with sends monthly statements of income. My ex’s attorney is trying to base child support on 3 months of income from last year she had subpoenaed (averaging out 3 months of June to September 2009); is she supposed to do that or does it have to be based on my income tax return for 2009 and previous year’s tax return.

The custody order will change next week when my son starts school; I will be getting primary custody as we live 2 hours apart and every other week arrangement currently in place will not work. The judge had already put in the order that it would change when school started if ex had not moved to this county by August 2010. Can I do a motion to modify child support since there will be more than 15% difference based on the overnights/income calculations in child support?

Final question, if my ex’s attorney subpoena’s monthly statements for a specific period of time, can I object to the subpoena based on the fact that I am self-employed and should be based on income tax information for 2009?

Thanks again for all your help. You are a Godsend Erin!


#2

A better indication would be the average of your income over the past 2 or 3 years. Averaging 3 of your “big” months is not a fair representation of what you earn.
You may file a motion to modify support based on the change in custody.
I don’t see that you have a valid objection to the attorney’s request for documents.