my ex husband lied in the decree about his income and I have his paystubs for the whole year. I have proof that he lied. He also told the courts that he was loosing his job by march of 07 and that of course turned out to be a lie too. Is this all I need to modify child support or will it take more than this? I don't want to spend money on attorneys if I won't be awarded more? do I need an attorney to do this? I just want the judge to know what a lier he is. Please Please help?
2007-01-16 15:00:13 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If your state has online child support calculators you might want to plug in the correct numbers and see if it makes enough difference to warrant going through the modification. Sometimes due to other circumstances a simple increase in income doesn't result in a very big increase in child support. If you find it will increase support multiply the monthly increase by 12 to see what you will get for a year. You probably will still have to spend more than that on a lawyer. If your support is being handled by your state, you can usually contact the state and ask them to conduct a modification hearing. This can usually be done without lawyers. Both sides submit their evidence and paperwork and an administrative judge resets support. Usually you can have this done every few years.
Good luck.
2007-01-16 15:09:53 · answer #1 · answered by CV 3 · 0⤊ 0⤋
It would depend on how much difference there is between your total from the pay stubs and what he declared. If it is less than $5,000/year, I doubt it will make much difference. You would need an attorney, and it would cost you up front. The judge is not going to say too much unless it is $5,000 or more, because the monthly difference is negligible. Good luck to you. Sometimes jobs work out instead of ending.
Did he get a large raise? That may be a deal, but again, you are not going to be getting much more if the difference is less than $10,000/year/ Do the math yourself and see the difference that would be available.
At least you are getting something.
2007-01-16 15:08:52 · answer #2 · answered by justbeingher 7 · 0⤊ 0⤋
This is obviously a situation for a good lawyer. However, I would hope legally that you can't be owed something that you had no clue about. As for the income, not sure if they will include yours, I would think that your income could be separated under some clause condition that you have other family obligations, but i think it may factor. It may be best to have the support litigated out of court. As for custody, if your husband is ready to take them full time, then the support thing, wont be an issue. Yet even though, she is disabled from work, she may still be able to take care of the children. To take custody, it would have to be proven to the court that with her condition she cannot fully take care of the children and their needs, which may be some difficultly that she is having and may be willing to share custody, etc. Good luck and best wishes.
2016-05-23 22:53:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What you need is a good attorney to help you get to the bottom of this and they can go after him and where he works for current paystubs to see how much he is currently making... Then the courts will modify it as they see fit for the case .... Take the proof you have to your attorney as well and go back to the courts....
2007-01-16 15:05:42 · answer #4 · answered by Lady Hewitt 6 · 0⤊ 0⤋
Yes you do need an attourney...You should have had your attourney do a "discovery" in the very beginning that way ALL of your ex's assets would have HAD to have been brought forth into court. If you signed the divorce papers there might not be anything you can do now, other than hope the judge will grant you more in child support...however if you've "gotten by" on what you WERE getting the judge might not...
2007-01-16 17:49:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes u can pay a lawyer to take him back to court to have it modified... or u can turn it over to childsupport enforcement agency and they can look into it and possibly have it increased.. id go for the lawyer if u have the money because if u have proof that he lied on his affidavit then its possible he'd have to pay back child support..for the amount he should of been paying during this time..
2007-01-16 15:43:42 · answer #6 · answered by brwneyedgrl 7 · 0⤊ 0⤋
Be very very careful. How did you get his paystub? They will question you. Your best bet is hiring an attorney or use the attorney of the day at the courthouse. Best of luck
2007-01-16 15:09:49 · answer #7 · answered by cheoli 4 · 0⤊ 0⤋
If there is a significant difference in what he claimed-by all means contact child support and request they review the information. If it isn't that big of a difference it probably won't affect the amount you already get by very much so I wouldn't bother. It all depends on how big a difference there is.
2007-01-17 01:46:54 · answer #8 · answered by stacilynn26 3 · 0⤊ 0⤋
Of course he lied, You really don't know how bad we get screwed in these things. you can get a modification but ask yourself if it is worth it, do you need the extra help(money) or are you still just wanting to hurt him. You dont need a lawyer although I would just consult one and most of the time you can get an initial consultation free
2007-01-16 15:08:56 · answer #9 · answered by SUPERSTAR X 4 · 1⤊ 0⤋
if its alot more, then it would be worth getting an attorney... If he lied about it, im pretty sure that they will get him with some kind of charge.... and... They will give you more money! If you ex gets a new job, the payment will be adjusted as well... so go for it and get it fixed!
good luck...
2007-01-16 15:07:34 · answer #10 · answered by Chef Mommy 2 · 1⤊ 0⤋