My ex-husband wants a modification to decrease his child support, but he hasn't paid child support for a year and left a good paying job to move out of state to take a lower paying one.
I'm the custodial parent and I'm barely surviving myself and having a difficult time supporting my son on a part time minimum wage job.
Will the judge let my ex-husband get his child support decreased, even though he's way behind? What about my son's needs? Can I file for an increase on modification? My ex-husband is just lazy and really doesn't want to work. -- Lisa
Lisa: You can file for an modification if your child's needs have increased. The court can impute income (see the link below for more on that) if it finds a person is intentionally underemployed to avoid child support. But there is a similar case in my state where the court used the wages of jobs in the new location to determine that a father was not underemployed even though he left a higher paying job in another location.
Ultimately, it will be up to the judge to decide.
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