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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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how do you get your child support reevaluated to include base

Customer Question

how do you get your child support reevaluated to include base pay and commission of the other parents new job?(got joint custody of 2 children)
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



What is the difference between the income then and now?





Customer: replied 7 years ago.

income then was 40 to 50 thousand a year no commission included in equasion. wich was about 20 thousand.found this from our last jointly filed tax return.

now income is supposidly the same 40 to 50 thousand with again some commission

Expert:  Ely replied 7 years ago.
Okay, and YOU are the primary, right?
Customer: replied 7 years ago.
sorry what do you mean by primary
Expert:  Ely replied 7 years ago.
Who has the primary custody of the children, I mean, most of the time?
Customer: replied 7 years ago.
there is no primary we both have equal time with the children and with the joint custody we both make the decitions on the childrens behafe per the divorce decree
Expert:  Ely replied 7 years ago.
Oh, that's unusual. The courts generally do not like to split the custody 50/50 since this is hard on the child, but hey whatever works. Anyhow, the person filing for the change needs to file a MOTION FOR MODIFICATION and have a quick hearing in regards XXXXX XXXXX in which they would show the new financial situation and the order would be adjusted to reflect it. Past arrears cannot be waived unless the other parent agrees. Go to legalzoom.com for the petition.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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