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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 25232
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I went through divorce 6 years ago, and my ex was doing well

Customer Question

I went through divorce 6 years ago, and my ex was doing well financially. He made $340,000 yearly. He paid $1,600 per child (we have 2) in child support. He now makes around $600,000. Should I take him back to court to raise child support for my children? It is so hard to get any extra help from him for school events, fees, and extra curricular activities, which he tells me he "gives" me in child support. I am a teacher assistant working toward my degree but I will never match his salary, and I am fine with that. I just want to make sure my kids are taken care of legally. Do I have a chance to get the child support raised since his salary increased so dramatically?
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney practicing in Tennessee.

 

You absolutely need to file a motion to modify his child support obligation based on the increase in his income.

 

The judge will require him to disclose his earnings, and then will raise the amount of monthly support based on his earnings.

 

The judge will make sure that the children get what they deserve. There's no question that his support will increase given that his salary has almost doubled.

Roger, Attorney
Category: Family Law
Satisfied Customers: 25232
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
My ex is very well known in the community. He was born and raised in this community, and he is asked by many for support of events, etc. He was an abusive husband and father, both physically and mentally. I did not talk about this in the community for the sake of the kids, but I have much proof, and 2 counselors have documentation from him on this matter. I say that to help you understand that his appearance in the community looks shiny, but the kids and I have dealt with a different side. I went to an attorney about raising the child support due to his salary increase and he basically told me to "let it go". Why would he have guided me this way? My ex's salary has almost doubled. He is one of the most well-respected attorneys in the town, so I am concerned that no one will want to go up against my ex and his family. Do you have any advice on this type of situation? Can I use an attorney from farther away?
Expert:  Roger replied 2 years ago.

It is possible that the attorney you spoke with was trying to protect your ex, or maybe your ex is a client of his - who knows.

 

However, child support is primarily based on the non-custodial spouse's income, and if his income has increased, there should be an increase in support.

 

If you think his influence is this strong, you'd probably be better off to seek an attorney from out of town.

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