Child Support Question

[jaxdave0]

Hi,
I feel very strongly that my ex-wife is not doing enough to find a job that could help support my daughter and I in a more meaningful way. She does pay child support, however, it is rarely up to the amount she is required. If she were to file a motion to get the amount changed based on her new lower income, would the court take into consideration her current job versus what she is capable of making? thank you.

[Attorney Allison Belcher]

Yes they would, you could make the argument that a higher income should be imputed, however, it may require an expert to come in and testify as to the jobs she is qualified for and the jobs available in the area. Despite the fact she is making less money, the child support guidelines will be changing as well, her guidelines may lower if she has the child at least 8 nights a month instead of lowering at 12 nights a month.