My ex and I incorporated a separation agreement into a judgment of absolute divorce that was finalized on 11/04/13, where it is written that, “The parties agree that the Husband shall pay to the wife a monthly child support payment of $500 beginning Dec. 1st, 2012 until the minor child graduates high school or if the Husband’s income changes to a degree that will require adjustments in the monthly amount of child support.” This amount was calculated based on income and joint custody.
He kept the business we built together, so I started my own business and also work very part-time. We usually split expenses such as clothes and school supplies, etc., and our child gets insurance through Health Choice. We each either pick her up or drive her 5 times per week.
Recently, he’s been more difficult with shared expenses and when I asked him to feed her when he picks her up from school he threatened to reduce child support saying that he wasn’t making as much money as when he calculated the $500/month. Our child spends a few hours with him per school week, but eats and sleeps at our home every single night. He doesn’t feed her at all during summer break or holidays.
My question is, what are my options here? I feel like I’m bullied, which he tends to do. The thing is that I have no idea how much money he makes right now, although I suspect that he supports his girlfriend’s family, even though they no longer live together. If I were to request the court to state/change how much child support am I entitled to, what would they look at: what he makes now or how much he’s made in the past, or our child’s needs? And would the court include in child support his share of expenses we now split? What are my chances of making sure that he’s not going to change the amount according to how his business fluctuates?
Your advice would be greatly appreciated. Thanks!