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btrflywngs88 · Mar 17, 2008, 12:32 PM

Hi, My 14 yr. old daughter lives with me and my husband (her stepdad). I have sole, physical custody of her. Her father gave that up, when I filed for it in court and he called on his appointed court date and asked if they could reschedule. WTH?. who does that? Anyway, he pays (when he feels like it) 90.32 a week in child support. He owns 2 of his own business's, a Karate School and he's the promoter for Mixed Martial Arts. He told me that I cannot file for more money because he has a family with 2 of "his own" children that he has to take care of. Won't they consider his two businesses as his income, they are in his name?

He hasn't seen our daughter in about 6 months. He's called her maybe 3 times. He was ordered by Department of Social Services (another topic all together) to go to counseling with her and also by the court to seek counseling when they gave him visitation a year ago. He never went and basically told DSS where to go and they he didn't have to comply with them. So he just chooses NOT to see her. Which has caused an extreme amount of emotional distress to her. I take her to counseling regularly.

Can I file a modification to higher his child support to a reasonable amount to help with OUR child? Also, isn't there a age bracket when the child turns a certain age, they can modify the amount? She needs braces... will they determine this into the whole picture?

I can't afford an attorney and need ALL the help I can get.

Any help or suggestions would be greatly appreciated.

Kimberly

ScottGem · Mar 17, 2008, 12:41 PM

First, most states assign support based on a formula that takes into account income and family makeup. Second, business owners can often hide income so they show much less than they actually make.

As far as I know, the only thing that can be used to modify support is if the income of the supporter changes, not the needs of the supportee. You can try filing for the change, but I dn't know how far you will get.

cdad · Mar 17, 2008, 01:20 PM

Also depending on what state your in they may consider your husbands income with yours when they sit down to figure it out. As far as braces goes that's a separate issue from monthly support. In the original support order it should mention things like that i.e. medical expenses and child care etc. If you get nowhere on it by asking then you will have to return to court to get it. Its best if you both can be parents and work things out so your child can get what they needed so try to be reasonable if its possible.

btrflywngs88 · Mar 17, 2008, 02:57 PM

It's not possible to be reasonable with him and unfortunately, I have to take the court route. He has absolutely no repsect for anybody or anything. I have tried to invite him to counseling, therapy, etc... but to no avail, he has NO interest in any of this. 14 years of trying and it getting me nowhere. It is very frusterating and sad.

It doesn't state in the original support order. This guy drives around in a new BMW, has an SUV, lives in a 385,000.00 house and has 2 of his own businesses that make very good money... although he can't even pay 90.00 week on time... when they threaten him of suspension of his license or if I file a contempt of child support, I'll get a court date 6 months later and he'll pay it days before. This is awful.

Fr_Chuck · Mar 17, 2008, 03:05 PM

Yes, you can and should, most courts allow for child support to be reviewed every so many years if one party requests. So you will need to go though court, make him bring in all of his bank and business records. Also show proof of his car, his home and more info to prove you point.

But yes many men will not pay, some even after they get put in jail. But you will have to keep going back to court.