I am the custodial parent.The child support for my children was reduced a year ago due to the ex claimimg to not have time to work due to a school schedule. I filed a motion to modify child support to have wages garnished because payments are between ten and twenty days late every month. I have heard that the ex is no longer enrolled in school and works more. Can I introduce this fact in court and have support increased (re-do the worksheet) or will the issue of garnishing wages be the only thing the judge will hear? Also, the notice of hearing states that it is a modification of custody/modification of child support. At the hearing, may I ask to have custody modified due to recent disturbing developments?
You may file a motion to modify support and seek that the support remains paid via wage withholding in your motion.
The motion has been filed to modify support but I did not write “have it increased”. I wrote “wage garnishment”. I’ve subpoenad (sp?) his pay stubs, tax returns, school schedule, and health insurance forms. May I use this to have support increased? Or will that have to be a new motion? Thank you for a response.
The modification you filed will allow for an increase if the same is warranted by the income information.