child support

[klrsmom]

How do I prepare for a child support hearing? My ex has never paid any thing for support (separated Jan 08, Divorce final Nov, 08) During mediation he negotiated a reduction in the past due support he owed. Stating he did not know he would owe support from the time he left. He is now using the defense that I am better educated and have continued to work full time. He quit his very well paying job in March 08 (at his girlfriends request) and took a severe cut in salary which was used to calculate his support. But 2 weeks before we settled he was in an accident and was not working. The court gave him a 9 month break in child support completely. The court did state if he went back to work child support would also start at the original amount or April whichever occurs first. He went to work in February. His defense is since the accident and the current economy he will never work again for the amount used to calculate his support. He now ownes his own business with his girlfriend and his books show the business and the girlfriend making great money but he does not. Does the fact I can show for the last five years he made almost the same money.

What is my defense? I am still working at the same place for the same amount doing the same thing. Paying 100% of the childs care etc. He has never even purchased her anything towards her upkeep. No misc expenses.
Can the court take in to account that he is living way beyond his means and now cant pay because the girlfriend and her children are his priority (new house etc.) and his biological child gets nothing.

[Attorney Howard Iken]

All that can be taken into account but it is up to you to prove it. The court will not make the leap of logic for you.

I would suggest a vocational evaluation. You will need to file a motion to require the evaluation. And you will most likely need to pay for it. But it sounds like the money spent will be returned in increased support payments.

Attorney Howard Iken
Divorce Attorney