How Do I Get An Increase Put Into A Court Order Options

[divoga]

I have pretty solid proof that my ex's income is at lease $2K a month more than reported. I've known he was dishonest about his income all along, but didn't have proof until now. He is partially self employed, but also has tax reporting employers that make up the majority of his income. My lawyer tells me that I have to have a complete financial evaluation done that will cost me $5K in order to have an increase authorized. This doesn't seem right to me - people do this all of the time without attorneys or expensive evaluators. What is my best course of action for this?

[kyfather]

Hi,

If you have solid proof, isn't that sufficient enough to warrant an adjustment in child support. I guess I need to understand what you mean by proof. In your current arrangement, is the OP paying child support sufficient take care of the children? Please elaborate.

[Ed]

If you have proof (a bank statement, pay stub, etc) you can file for a change. (Okay, you can file for a change anyway, but why?)

1: What kind of proof do you have?
2: What's you current agreement?

Ed...

[divoga]

I have bank statements, and a profit and loss. Hoping to get taxes soon. He was able to get by reporting a very low amount because he is partially self employed and just shared a profit and loss with the court. Though it differed by a significant amount from the previous year's taxes, it didn't seem to matter. The support I'm receiving is not enough to take care of the children. I pay for nearly everything - all activities, 95% of medical, all clothes, shoes, school fees, supplies, food, diapers, etc. Since he is partially self employed, my atty told me that I have to have a financial evaluation done that will cost me $5K. This seems bogus to me.

[Ed]

There is another way you could go about this. Instead of trying to make it up through child support, you could ask the court to have father pay 1/2 of certain items.

If you limit your list to 2 or 3 items, you stand a better chance than asking for everything.

For instance, 1/2 of medical is a no brainer. School fees and activities are probably your best 2nd tier items to ask for.

Then you can leave the support alone and get help with some real expenses.

Ed...

[divoga]

It is already in our court order that he has to pay 1/2 of medical, but he refuses. I've sent him a detailed breakdown of medical expenses, and received a long winded explanation why he was not going to pay, blaming it on me, and threatening to cancel the kids insurance. He has owed me for almost a year now. I will cetainly ask for the other things. So far he has paid his support on time, but I question how long that will last.

Is it true that atty fees/child support changes etc have to be done at the "right" time?

[Ed]

I am not sure what you mean by the "right time". Please elaborate.

As far as collecting from him. Take him back to court. Ask for cout costs and a wage assignment. That is, you have his work send you the money. Very efective way to collect.

Ed...