My boyfriend recently received a notice from the Attorney General that he is eligible to review his current child support order for his 2 children.
When the original order was made it was based on his ex-wife's claim that he made $50,000 a year and he was ordered to pay approx. $200/wk. He is in a union and makes enough to pay that amount when he is working, but due to the poor economy he has long periods of unemployment, the last one lasting 8 months. When he is receiving unemployment, half of his benefits go to childsupport leaving his income at only $200/wk. He recently returned to work, but that job is only expected to last through April.
My question is: What period of time is considered when he files for this review? Is it his current earnings, the total earnings over the last year, or some other time period?
It seems unfair to base the amount on his work earnings when he is currently working for less than half of the year and we can barely support ourselves when he is waiting for a new project to begin.