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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Getting a Child Support Modification

    My question involves child support in the State of: NC

    Here's a little history:

    In 2001, my ex and I went to court to set child support. He lied about his income saying that he made 38,000 a year. Child support was based on that amount. (Note: I recently found out he lied he was making $65,000 then).

    I never went back to court to modify child support because I couldn't afford an attorney and didn't really know or understand the system and that I could modify.

    After doing some research and suspecting that ex was making significantly more money............I filed for a modification representing myself in Aug 2008.
    Ex again lied about his income...............he was making 163,000 per year and came to court and said he was making 100,000 per year. Since I was representing my self and could not afford an attorney...........I did not contest and the new child support amount was based on 100,000.

    After the new modification took months to finalize (Aug -Dec), and was finally set in an order.....................the ex says he has lost his job......approximately 3 days after the modification order is finalized.

    The just of this is.......................He filed for a modification to reduce in December saying he was terminated. Turns out he was fired for cause, his boss said he violated company policy. However, in February he starts getting unemployment. In addition, he has started his own business in January saying he cant find a job. He has invested thousands in this business, bought a new truck, got home equity loans, got 24,000 in 401 K money BUT PAID NO CHILD SUPPORT SINCE DECEMBER 2008 and says he has no money to paid child support because his new business is not making a profit. However, expenses for my daughter have increased because he lost his job and is not providing insurance on my daughter I am having to pay 160 extra a month for her insurance...............plus child care will be increasing because summer care is obviously more expensive.

    Anybody that has been through this some advice would be appreciated does he have a chance to reduce his child support? Is imputing income a possibility as I feel like he could be getting a job and is not to try and start this business meantime our child is going to suffer + he got fired from his job...

    Please advise.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Getting a Child Support Modification

    You can try asking that income be imputed, if the newest modification hasn't been finalized.
    If he has made no payments at all, you can also file for contempt.

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