Support modification

Child Support 9 views 4 answers
My ex-husband has a current child support order and he is trying to modify . He has a current support he does not pay and have been incarcerated couple of time. At the divorce court he claimed that he has no earning due to incarceration which was a set up of his. Judge assumed that he makes less and I strongly know he is lying. Do you think he can get the modification done per his fraud financial statements provided to both the courts. ????

Attorney Answers

4
Brian Woolf ·
That is not a lawyer in the world who can possibly answer your question based upon the information that you have provided. I strongly urge you to contact an attorney right away to discuss your alternatives. Good luck
0 upvotes
Tony Anthony ·
This seems like something that you will have to meet privately with an attorney to explain in more detail.
0 upvotes
Victor J CavalloFamily Law AttorneyStamford, CT ·
Opening a judgment based on fraud is difficult. A high standard of proof is required: clear and convincing evidence. If your ex husband is incarcerated he has no income or earning capacity. Child support is based on net income. If he has none, he can't pay anything. If when he is released from incarceration becomes employed, you can ask for an upward modification of support. If you can prove the fraud, a remedy might be to have the modified orders made retroactive to a prior date.
0 upvotes

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