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Am I being fooled again?

all4myfamily's picture

My ex was fired from his job at the end of last year. He found a new job in March that paid significantly less. He defaulted on a lot of child support payments in the transition of no job to unemployment to new job. He now wants to adjust child support to be based on his new salary and back date it to when he started the job in March. That way the amount he owes for back child support would be less and his monthly payment would be less. I have two questions, will the court just use his new salary or will he be held to his previous higher salary since he was fired for having relations with a fellow employee that reported to him? I so badly want to try and get along with him, but he lied about why he was let go and I have since received his employee file to verify the reason. He lies about everything and I am not sure I trust him. He wants to settle this out of court. Part of me wants to so we can try and get along, but on the other hand I am always getting taken advantage of by him. We only get along if I give in or don't fight back. Which leads me to my second question, should I just agree to the lower amount so that we get along for the kids sake or should I let the judge decide the amount so we know it is fair?

misSTEP's picture

I don't think they will change it retroactive. Usually it only goes to the date of filing.

As far as the getting fired, I would say that you could make a strong case for voluntary underemployment and have CS based off his last year's tax returns.

As far as what a judge will feel, that is based on the judge and sometimes the day of the week Smile

nothinforya's picture

Take it to the judge. That's why we have court orders, so weasels like your ex have to do what's right. No need for you to be the bad guy, let the judge sort it out.