My ex was recently ordered to pay child support. He makes $10 more than me an hour but has taken off a lot of work this year for cash jobs, so our reported incomes look similar. I have the kids primarily, while he has them two nights every other weekend. His support order was high, and he’s appealing it with a pricey attorney. I can only afford my custody attorney. I cover the mortgage, bills, daycare, and debt he left me with, while he lives with family and has minimal expenses. What should I prepare for as he tries to lower his support? I have text messages showing he worked cash jobs; can those be used? Also, how will his seasonal work affect this?
The court mainly cares about income, healthcare, and childcare expenses. You should aim to have his earning capacity considered.
You can argue for his full-time income to be counted, regardless of his time off. Make sure to present his actual earnings.
You could also ask for innocent spouse status with the IRS regarding his cash income. The court can base support on his earning potential.
If you know he’s working cash jobs, that info is relevant. Use your text messages about his side jobs to support your case.
How did he leave you $30k in debt?
You might need to clarify why the debt is considered his responsibility if it’s only in your name.
A high-priced attorney for child support might not look good in court. This could work in your favor.
Your attorney will need to present his financial affidavit. If he underreports income, that could be challenged.
Consider discussing with your current attorney about combining your cases. They may handle both child support and custody.
It sounds like he might be manipulating the situation to avoid paying. Make sure to document everything.