Income Change, Modification?

[TristaFL]

My divorce became legal about one year ago. I pay child support and I have my two children 144 days out of the year, support was based on him working 20 hrs/wk and me having a successful business. Things have substantially changed since then, income-wise. I believe he is working full-time because the kids go to daycare full-time (which conveniently started the week after the divorce became final) and my business took a nosedive. Is it too soon to have a modification done in court? Will I need to hire an attorney again, how will I prove he is working full-time (I suspect he is getting paid under the table)? I am getting help right now to pay my child support, but that will be ending soon at which point I will no longer be able to afford basic living expenses. I have gotten no help from the child support enforcement office. What should I do?

[Attorney Howard Iken]

You are allowed to file a modification any time support would change by 15% or $50 / whichever is greater. So the answer is yes, you most likely qualify for a modification. Make sure your support will not go up by accident - look at our online Calculator first.

The only way you can prove the full time work is by getting an attorney to subpoena the employer records.