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Modifying And Reducing Our Child Support

by Frustrated Mom
(Georgia)

In 2005, my husband & I divorced. We share joint custody of our two minor children, but I am the custodial parent. Three years later, our agreement was modified from the original agreement because I moved three hours away and the ex-husband sued me for custody of the youngest of the two minor children. My ex-husband was able to significantly reduce his portion of child support because his income reduced and my income increased, but he eventually dropped the custody suit. He has visitation rights which are regularly followed.

Today I received certified mail from my ex-husband's attorney requesting an agreement to again reduce his portion of child support because our oldest child will turn 18 in one month. Our current agreement states that child support will continue until the child reaches 18, but it does not state that a reduction in support will occur at that time for the remaining minor child. His attorney enclosed an income worksheet to support the reduced amount that he is requesting. It appears that his income has been inaccurately reported.

My questions are:

1)How do I demand proof of his income? He is married and I believe he hides his income through his wife, portions of which are businesses registered in her name only. His current "lavish" lifestyle & purchases could not be supported by the income he is attempting to report.

2)I am no longer living in the county where our original divorce and last modification was processed, so will he have to pursue the modification in the court system where I currently reside?

3)He makes no mention of offering financial support to the oldest child who turns 18 in one month. In the fall, the child will be a full-time college student and is facing out-of-state tuition. Is there a way that he can be required to share in the living expenses & tuition of the child's college education?

4)Because I am single and a single household income earner, is it possible to sue him for attorney's fees because it appears that I will need legal assistance? AND, am I entitled to compensation for his continued "modification suits" because he has a double income household and can afford to pay for attorney's fees. This time, my hard-earned money I was intending to spend toward my child's college tuition will be spent on retaining an attorney! Where is the justice in any of this?
Frustrated Mom




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Modifying And Reducing Our Child Support

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Child Support Questions
by: CSA Staff

Hi there and thank you for sharing. We understand your frustration, and have some advice and or answers to your questions.

1. Legally you cannot demand proof of his income. His attorney has the required documentation for the courts. Unfortunately, there is nothing you can do about it. Your attorney can argue his income on your behalf to the judge.

2.The modification will go through the county where the order is.

3. He can only be required to pay the college tuition if it is court ordered. You can attempt to ask the judge that he pay half. It does not mean that it will be ordered.

4.You can ask for the attorney fees but it will more than likely not happen. The courts look at it as he needed to lower the support, so if you want a lawyer then that is a choice of yours. It is really unfair at times how the system works.

Does your ex by chance owe any back support? or is he current in his payments.


Thanks
CSA STAFF

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