If he is deliberately depressing his income you might have some case but it would probably be difficult to prove without you incurring more legal fees. If his income has decreased so substantially then he has the right to file for a modification of support unless you have something written into a court order.
His new living situation does not figure into the support he pays to you. If he is paying for mortage and taxes on your home that is much more than most get. Perhaps things will get better for you when ED is settled. I would not worry much about what may or may not happen in the Spring. He has warned you in advance, which is again more than most would do. I would just take it day by day. Even in modification your salary, extraordinary expenses, and visitation amount will be factored in. It may not end up being reduced as much as you think.
If it is court ordered based on documents and he is impugning income, the judge will see through it. Continue to look after your kids as best you can - it can’t be easy with 4 of them! I haven’t had a penny in CS since 2002 but DBD is in the UK, so take heart, play by the book and as long as you document as much as you can and get EVERYTHING in writing whenever possible, you should be fine. Remember the courts want what’s best for the kids.
If your Husband’s income has decreased the court will look at his previous income and the reasons for the decline. If he is deliberately suppressing his income to avoid paying you support, the court can order him to pay support based on his previous salary.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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My husband was court ordered to pay child support and spousal support in the PSS trial starting in August 07. He was also ordered to pay the house mortgage and taxes on it. The amount he was to pay was based on income tax records over the past 5 years. He has always made about 85% of family income. The amount I am recieving in CS/SS is barely enough as I am trying to pay down debts. We have not settled ED yet.
My husband contacted me and said he was going to take the case back to court in the spring as his salary this year will only be 60% of what is was in the last several years. My salary is the same and I would have to travel one hour away to get a higher paying job in my field. I am in the marital home taking care of 4 minor children. I am also using my salary/CS/SS to pay for my oldest daughter’s college costs.
I feel he is purposely not working as much and taking more time off than he would have done if still married. He is in a private business and relies on referrals and this has dropped bc of his behavior and adultery. He is supporting a girlfriend and her children in a new home he purchased. I know he may be having trouble making ends meet trying to maintain two households, but who is to suffer in this case - his children or his new life. It seems as if there will not be enough to go around.
How do judges look at this fairly?