Modificiation on CS if ex makes 555K (not 250K he told me)

[happymommy35]

I am sorry this is long, I need guidance. I was divorced in April 2006 in Plant City Florida... after 9 years of marriage we have twins - at the time 5, but now 8 years old. We both live in Valrico Florida... We have joint custody with me as primary residential parent, he gets them 1 eve a week and alternating weekends. At that time of filing for divorce (Feb 2006) , my hubby/ex and I were living together and mostly cooperating on our MSA. He came up with figure for child support based on what he says was MORE than what I would get rewarded and based on his income of 250K a year (he says and I believe)... plus he gets a huge bonus over 100K. we addressed the bonus separate and right now, I got 10% of that and the kids get 15% in an account for emergencies... but that amount for bonus is a variable every year... I also get just under 3500 a month in child support. which he pays and I have no income deduction order for. He told me not to do that because I would get less than what he gives me. He is supposed to give me copies of w-2's each year as well as tax returns. I finally got the 2007 and 2008 tax returns this week (May 2009) after numerous asking for it both last year and this...- but no w-2's yet!! Anyhow, his income on his tax returns is listed as 55k! A half a million dollars a year. What the heck? I asked him and he said I am greedy and get enough for him already, he has spreadsheets (he is a genius math wiz and very very smart) showing every dime I get form him. He also pays after care for the kids so I can work part-time- this was part of our agreed parenting plan and our MSA... My income went down because i now have to pay over 300 a month for health insurance for me (he covers the kids)... My mortgage and bills take up most of my child support, not to mention all the other things that crop up constantly having two 8 year olds. We did a financial disclosure during our divorce but then I waived it, His was a ridiculously high amount which both him and his attorney said was a typo. I felt a lot of pressure from him to waive it and my attorney recommended I not waive the disclosures. I found out later he had stock options not addressed in the divorce (though my msa states anything in lieu of compensation I get 25% of) he does give me some kind of stock money each year. But this was options he never mentioned and now says he gives me part of.. How do I know that I see nothing from him except this tax returns (after 2 years of asking)... Last year (2007) his income was 469K... he has no other kids... I am not sure if stock is part of his 555K or not, as I have no w-2's. Do I have a case to go back to court to increase child support. Or does he give me the right amount, based on the combined bonus and income he gets? I do not want half his money - but I need an increase and I think he may be not totally honest, but he is so clever and intimidating I am afraid if I go to court i will look selfish and he will present me that way. Also, if I do not qualify for more child support, can I change the bonus structure at least so the entire 25% goes to me? He is supposed to be putting 350 a month in an account for the kids, which he is not - so I am not trying to take my kids money I am really not.. I am just keeping barely afloat... what happens when my vehicle needs repairs (I use it for the kids) and my savings is depleted because if this extra stuff always coming up, but he says thats my problem... I also waived my right ti his retirement account and have no retirement... but my attorney stated in the msa if he violated the msa in any way I have the right to ask for a portion of his retirement.. I want part of that now if I am able to get it... I am settled now and a lot more clear thinking. At the time of divorce I was under a lot of pressure and did not think things through... Is it too late for help and if I can go back and modify, what are my chances... (I net after health insurance less than $800 a month) my ex says go work full time... but our agreement was part time it was and is better for the kids...
If I qualify - how much do you charge to represent? Have yo had successful modifications before? And is there a way I can get pro-bono or bill my ex husband for the fees or have a payment plan or something? Would I be sounding selfish if I went back or does it sound like I would have a valid case? Also, if his income goes down (he says he might have to take a 10% pay cut) will he legally be allowed ti cut me..? He said he would not do that... but could he?

Sorry so long, I am afraid to take steps that would make him irrate and me looking stupid.. but if I am entitled to more than I want more of course. I am raising the kids and its a financial strain.

Thank you for your time.

happymommy35@yahoo.com

[Attorney Howard Iken]

child support is always modifiable if the parent's incomes have sufficiently changed. Based on your post - there is a question whether his income is concealed. If it is concealed - that will make for a very difficult and expensive case.

If you can prove his income and it supports a higher amount then the court will give it to you.

On assets such as retirement accounts - this is not an item you can modify. Asset distribution is not modifiable. Sometimes a final judgment can be overturned based on concealment of assets. But after a judgement is over 1 year old - that becomes next to impossible.

Attorney Howard Iken
Divorce Attorney